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Emergency

Landlord refuses the sublet? Often wrongly

You need money, are moving out temporarily or do not want to live alone, and want to sublet a room? The landlord may not forbid this without reason. With a legitimate interest you often have a claim to the permission.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Demand the permission →

Your chances of getting your money back

If a legitimate interest in subletting part of the apartment arises after the contract was concluded, you can demand the permission from the landlord (§ 553 BGB). Legitimate interest is to be understood generously (e.g. financial relief, a partner, a professional stay abroad).
It is about subletting part of the apartment; handing over the entire apartment is not covered. The landlord may refuse the permission in exceptional cases if there is an important reason in the person of the subtenant or overcrowding looms.

What you should do now

  1. 1

    1. Name your interest

    Record why you want to sublet (e.g. costs, partner, temporary absence).

  2. 2

    2. Request the permission in writing

    Ask the landlord for the sublet permission and name the intended subtenant (name).

  3. 3

    3. Refer to your claim

    If they refuse without reason, refer to § 553 BGB and set a deadline.

  4. 4

    4. If refused: check your rights

    If they persist in an unjustified refusal, a claim for damages or even a right of special termination may exist; get advice.

Frequently asked questions

Do I have a right to sublet?

With a legitimate interest arising after the contract was concluded, you have a claim to permission to sublet part of the apartment (§ 553 BGB). The interest is interpreted broadly: financial relief, taking in a partner or a temporary stay abroad often suffice.

May the landlord say no?

Only in exceptional cases, for example if there is an important reason in the person of the subtenant, if the apartment would be overcrowded, or if the sublet is otherwise unreasonable for the landlord. You do not have to accept a refusal without reason; if they refuse wrongly, you may even be entitled to damages or termination rights.

Take action now

We put together the ready-made texts and the right places to contact for you.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.