Subletting: when the landlord must agree
You want to sublet a room or pass on the apartment during a longer absence? In many cases the landlord must agree, but you should not simply sublet on your own.
Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:
Request permission →Your chances of getting your money back
What you should do now
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1. Name your legitimate interest
Explain to the landlord specifically why you want to sublet (for example increased costs, a partner moving in).
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2. Name the subtenant
State the name and, if applicable, details about the person of the planned subtenant; the landlord is entitled to this.
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3. Ask for permission in writing
Ask for permission in writing and set a reasonable deadline for the answer.
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4. Check in case of refusal
If the landlord refuses without good cause, you may under certain circumstances even terminate or enforce the permission; when in doubt, get advice.
Frequently asked questions
May the landlord forbid subletting?
For subletting a part of the apartment with a legitimate interest, you have a statutory right to permission (§ 553 BGB). The landlord may refuse only for good cause (for example overcrowding, the unreasonableness of the subtenant).
Does this also apply to the whole apartment?
The claim under § 553 BGB relates to a part of the apartment. For full subletting (for example a longer period abroad), the legal situation is stricter; ask the landlord and get legal advice if refused.
Take action now
We put together the ready-made texts and the right places to contact for you.
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.