Subletting a room in Germany (Untermiete) requires your landlord's written permission. Doing it without permission is grounds for termination — and landlords in Germany have legal standing to evict tenants who sublet without authorization. Before you rent out your room or take a sublet, understand what is legally required.
Getting the Landlord's Permission
Tenants with a valid reason — studying abroad, extended medical leave, a partner moving in — have a legal right to sublet if the landlord's refusal would be unreasonable (§553 BGB). "I want to travel for three months" is a valid reason. The landlord can refuse if the subtenant would make conditions unreasonable for the building (e.g. subletting to 10 people in a one-room flat).
Email the landlord with: your reason, the subtenant's name, the duration, and the proposed rent. Keep the written response. If the landlord refuses without valid grounds, you have the right to sublet regardless — but the legal process to enforce that right takes months.
The Subtenancy Contract (Untermietvertrag)
Always use a written contract between you and your subtenant. It should specify: the room(s) being let, the monthly rent, the deposit (Kaution — legally capped at three months' cold rent), the start and end date (if fixed-term), notice periods, and which utilities are included.
Charging your subtenant more than the main rent plus a reasonable surcharge for utilities and furnishing is illegal (Mietpreisbremse applies in many German cities). Subletting at a profit margin that significantly exceeds your own rent is called Gewinnsucht and is grounds for your own eviction by the main landlord.
The Deposit Question
You can take a deposit from your subtenant (capped at three months' cold rent). It must be held separately from your own money — in Germany, mixing it with your personal funds is technically improper even at the subtenant level. Return it within 3–6 months of the tenancy ending, with an itemized deduction statement if you keep any of it.
For the Subtenant: What to Verify Before Signing
Check that the main tenant actually has the landlord's permission to sublet — ask to see it in writing. Confirm the main tenant's own lease is valid and not already in termination proceedings. A subtenant has no direct legal relationship with the main landlord — if the main tenant stops paying rent, the landlord can terminate the main tenancy and the subtenancy ends with it.
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