{"id":15677,"date":"2025-12-19T20:54:34","date_gmt":"2025-12-19T19:54:34","guid":{"rendered":"https:\/\/mg-berlin.org\/information-for-tenants\/questions-about-subletting\/"},"modified":"2026-06-19T17:10:45","modified_gmt":"2026-06-19T15:10:45","slug":"fragen-zur-untervermietung","status":"publish","type":"page","link":"https:\/\/mg-berlin.org\/en\/information-for-tenants\/fragen-zur-untervermietung\/","title":{"rendered":"Subletting and Sublease"},"content":{"rendered":"\n

Subtenancy Myths<\/strong>: for main tenants (Hauptmieter:innen)<\/em><\/strong><\/h2>\n\n\n\n

It\u2019s illegal to sublet your apartment?<\/em><\/strong> False!<\/em><\/strong><\/p>\n\n\n\n

If you want to sublet a room in your apartment, you are in many cases legally entitled to do so.<\/p>\n\n\n\n

Should you wish to sublet your apartment, you will need to have a valid reason for doing so that must have arisen after<\/em> you entered into the rental contract. Perhaps a flatmate has moved out, you are now earning less money, your partner wants to move in, or you have to move to another city for a few months for work or study. All of these are perfectly valid reasons, and there are many, many more.<\/p>\n\n\n\n

Your landlord must be informed of the reason, as well as the personal details of the proposed subtenant, in advance. If possible, you should make the request to your landlord in writing and clearly state your reasons for doing so. In most cases, this approach works without a hitch: provided you meet the relevant requirements, you are legally entitled to receive authorisation from your landlord. Do not sublet a room until you have received written confirmation of your landlord\u2019s approval. Subletting without prior authorisation can be grounds for terminating your rental contract. If you have any problems with the request to sublease, seek advice \u2192 tenant counseling<\/a>.<\/p>\n\n\n\n

In any case, you should draw up a sublease agreement (Untermietvertrag)<\/em> in which all of the relevant stipulations, such as the cost of the deposit payment (Kaution)<\/em>, are recorded in writing. Do not charge more rent from your subtenant(s) than you pay yourself. and and don’t break the rent cap (Mietpreisbremse)<\/em>. Many rules of tenancy law also apply to subtenancy agreements.<\/p>\n\n\n\n

You should agree on a rent with your subtenants that corresponds to the ratio of the sublet area to the unrented area. Common areas are taken into account on a per capita basis. Courts grant landlords the right to refuse permission if the subletting generates a \u2018profit\u2019.<\/p>\n\n\n\n

We recommend you join a tenants\u2019 union that offers its members insurance for legal expenses (Rechtschutzversicherung)<\/em>. They can advise you on the ins and outs of subletting and provide you with legal support. This is particularly important if you wish to sublet your entire apartment.<\/p>\n\n\n\n

In order for subtenants to be able to officially register their place of residence, you must provide them with written confirmation of their subtenancy (Wohnungsgeberbest\u00e4tigung) <\/em>from the landlord!<\/p>\n\n\n\n

Did you know? Without registration (Anmeldung)<\/em>, subtenants cannot obtain a tax ID, start a job, join a health insurance fund or open a bank account.<\/strong><\/p>\n\n\n\n

Get permission from your landlord to sublet and help put an end to precarious housing condi-tions! Secure, long-term rental agreements are good for the whole neighbourhood and their overall sense of cohesion and solidarity.<\/p>\n\n\n\n

Subtenancy Myths<\/strong><\/strong>: for subtenants (Untermieter:innen)<\/em><\/strong><\/strong><\/h2>\n\n\n\n

It\u2019s illegal to sublet another person\u2019s apartment? False!<\/em><\/strong><\/p>\n\n\n\n

In order to be able to sublet safely and legally, main tenants require official authorisation from their landlord. Main tenants are entitled to receive this authorisation, provided there is a valid reason for subletting. If their subletting request is approved, the main tenant can provide you, the subtenant, with written confirmation from the landlord (Wohnungsgeberbescheinigung)<\/em>, which you can then use to register your place of residence at the B\u00fcrgeramt.<\/p>\n\n\n\n

A sublease agreement is not much different from a \u201cnormal\u201d rental contract. For example, the rent cap (Mietpreisbremse)<\/em> also applies to sublease agreements, which means that the main tenant is not allowed to charge you, the subtenant, a massively inflated rental price.<\/p>\n\n\n\n

You are also afforded certain protections when it comes to contract termination. If you sublease an entire apartment, your sublease contract may only be terminated for specific reasons, such as the main tenant\u2019s desire to move back into the apartment themselves, or in the case that you have amassed significant rent arrears. If you are subletting a room in the main tenant\u2019s apartment, the termination notice period is six months. <\/p>\n\n\n\n

NB: Less robust regulations apply in the case of furnished rooms that are rented out in apartments shared by the main tenant!<\/p>\n\n\n\n

A room should only be sublet with the landlord\u2019s permission. Secret, unauthorised subletting can result in the rental contract being terminated.<\/p>\n\n\n\n

In any case, you should draw up a sublease agreement (Untermietvertrag)<\/em> in which all of the relevant stipulations, such as the cost of the deposit payment, are recorded in writing. Even in cases where a sublease arrangement has not been authorised by the landlord, the stipulations outlined in the sublease contract are still valid and legally binding.<\/p>\n\n\n\n

If you are already subletting without prior authorisation from the landlord, and they are not already aware that you are living in the apartment as a subtenant, do not speak to the landlord without first seeking legal advice. The risk is too great. But there are solutions to be found in this case, too.<\/p>\n\n\n\n

In principle, legal expenses insurance (Rechtsschutzversicherung)<\/em> only applies to your sublease arrangement with the main tenant. In order to be able to obtain advice and legal support in the event of a dispute with the landlord, we recommend that both you and the main tenant join a tenants\u2019 union that offers its members legal expenses insurance.<\/p>\n\n\n\n

legal backround<\/h2>\n\n\n\n

Section 553 of the German Civil Code (BGB) regulates the right of residential tenants to obtain permission from their landlord to sublease their apartment. In accordance with this legislation, all main tenants (Hauptmieter:innen)<\/em> in Germany have the legal right to sublet their apartment, provided the following conditions are met.<\/p>\n\n\n\n

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