Step 1: Request consent in writing
Send a registered letter to the landlord with: 1. Reason for the sublet (study, work assignment, family leave) 2. Duration (exact dates or approximate range) 3. Subtenant's full name, profession, employer, monthly income 4. Proposed sublet rent 5. Attached: subtenant's Betreibungsauszug, salary proof, ID 6. Statement that you remain liable on the master lease
Step 2: Landlord responds
- Consent unconditionally
- Consent with conditions (no pets, fixed end date)
- Refuse with valid reason: subtenant insolvent, rent abusive, overcrowding
- Silence: after ~30 days, tacit consent often presumed
Unreasonable refusal can be contested at the Schlichtungsbehörde within 30 days, free.
Sublet rent ceiling
You cannot profit from subletting. Sublet rent can include: - Your master rent + utility advance - Reasonable furniture amortisation - Internet, parking, cleaning if you provide them
As a rule of thumb, anything more than 10-15% over your own cost is treated as abusive.
What you remain liable for
You are still the main tenant. If the subtenant causes damage, stops paying, or breaks house rules, you owe.
Protect yourself: a sublet deposit (capped at three months' rent), proof of liability insurance, and a move-in inventory.
Special cases
- WG with all flatmates on the lease: not a sublet but joint tenancy (Mitmiete)
- Airbnb-style short stays: usually counts as commercial use, often prohibited
- Renting out a room while you still live there: still counts as subletting
For WG
Most WGs run as sublets where the main tenant holds the master lease. Always check there is written landlord consent before you move in. To find a room or the right new flatmate, aptari is the simplest place to look · one open feed plus a Tenant Passport you fill once. See how to find WG.
Without consent
The landlord can send a formal warning, then terminate your lease early (about 30 days) and claim damages. Do not skip the consent step.