Everything You Need to Know About Subletting Apartments (Untervermietung)

What is subletting?

Subletting means that the original tenant (main tenant / Hauptmieter) rents out all or part of the dwelling to another person (subtenant / Untermieter), while the original tenancy agreement between the landlord and the main tenant remains in force.

Is subletting always allowed?

No.
As a rule, the tenant needs the landlord’s written consent before renting the flat or any part of it to another person.

If a tenant sublets without permission, they may face termination of the lease or further legal claims.

When does the tenant have a right to ask for permission?

The tenant may request the landlord’s consent if there is a legitimate interest, such as:

• temporarily moving to another city for work or study

• wanting to reduce housing costs

• filling an empty room after a roommate or partner has moved out

When can the landlord refuse?

The landlord may refuse the request for subletting if, for example:

• the subletting would lead to overcrowding of the flat

• there are justified concerns about the personality or behaviour of the subtenant (e.g. aggressive, problematic conduct)

• the tenant intends to sublet the entire property without any genuine intention of returning

What should be included in the request for consent?

• Full name and personal details of the subtenant

• The reason for subletting

• The planned duration of the sublease

• Information on which room(s) or area of the flat will be sublet

What are the rights and duties of the main tenant?

• The main tenant remains fully liable to the landlord for the entire rent and for the condition of the flat.

• They must ensure that the subtenant observes the house rules and all regulations.

• They may define the terms of the sublease (rent, allowed use, special rules), as long as they are in line with the law.

What about the rent paid by the subtenant?

The main tenant can set the sublease rent, but it should be reasonable and must not aim at excessive profit.
If the subtenant is charged an obviously excessive amount, they may challenge it in court.

Short-term subletting via platforms (e.g. Airbnb)

Renting out flats on a short-term basis via platforms such as Airbnb is also considered subletting and always requires the landlord’s consent.
In some cities there are additional local regulations that strictly limit or even ban this type of rental.

Consequences of subletting without permission

• A formal warning (Abmahnung) from the landlord

• A demand to immediately terminate the sublease

• In serious cases, immediate termination of the main tenancy agreement

Practical tips

• Always obtain the landlord’s written approval before you start subletting.

• Sign a written sublease agreement with the subtenant clearly defining rights and obligations.

• Keep copies of all correspondence and contracts in case of disputes.

• If in doubt, consult a lawyer or a tenants’ association (Mieterverein).

Conclusion

Subletting (Untervermietung) in Germany is a practical and flexible option to share housing and reduce costs, but it requires full transparency and formal consent to avoid legal trouble.
By following the legal rules, using written agreements and communicating openly, tenants can safely benefit from subletting while maintaining a stable, trust-based relationship with the landlord.

The editorial team of this website strives to provide accurate and well-researched information by consulting various reliable sources. However, errors may occur or individual details may be incomplete or not fully verified. The information in this article should therefore be seen as an initial, non-binding guide. For binding and case-specific advice, please always contact the competent authorities or qualified professional advisers.