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Emergency

Subtenant will not move out: how to end the subtenancy

You have sublet part of your apartment, and the subtenant does not want to move out? As the main tenant you are the landlord towards your subtenant; you can terminate, but you must stick to the rules. Locking someone out on your own authority or putting furniture outside the door is prohibited.

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Your chances of getting your money back

When subletting a furnished room in your own occupied apartment, relaxed termination rules apply (§ 549 BGB); this speeds up the ending.
If the subtenant does not move out despite an effective termination, you need a court title for the eviction. Self-help (changing the lock) is impermissible and can make you liable for damages.

What you should do now

  1. 1

    1. Check and issue the termination

    Terminate in writing and with the correct notice period. Which period and which reason are required depends on the type of subletting (furnished room, self-contained apartment).

  2. 2

    2. Set a vacating deadline

    After the termination expires, request the subtenant in writing to vacate by a specific date.

  3. 3

    3. No self-help

    Do not change the lock and do not put belongings outside the door. That is prohibited self-help and can become expensive.

  4. 4

    4. Prepare an eviction lawsuit

    If they stay, the eviction lawsuit is the way. With a title, the bailiff evicts. Get legal support for this.

How to spot the scam

  • The subtenant no longer pays rent and does not respond to letters.
  • There is no written sublease contract; then the situation is harder to clarify.
  • Your own rental contract prohibits the subletting that you carried out.

Frequently asked questions

May I simply change the subtenant's lock?

No. Even if the termination is effective, you may not lock the subtenant out. That is prohibited self-help. For the eviction you need a court title, which is enforced by the bailiff.

What notice period applies?

That depends on the type of subletting. For a furnished room in your own occupied apartment, relaxed rules and shorter periods apply; for a self-contained, unfurnished apartment the requirements are higher.

What if the subtenant does not pay rent?

Then a termination without notice for default in payment additionally comes into consideration. Document the outstanding amounts and send a written reminder before you terminate.

Take action now

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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.