Subletting

In short: If you want to sublet part or all of a flat you generally need the landlord’s permission. Under certain conditions you have a right to it.

In more detail: A right exists if a legitimate interest arises after the contract is concluded, for example a job abroad or increased costs.

In detail

• Obtain permission: Apply in writing, name the subtenant and explain the purpose.
• Refusal: The landlord may refuse for good cause, for example overcrowding.
• Sublet surcharge: The landlord can demand a surcharge if subletting burdens them further.
• Liability: The main tenant is liable to the landlord for the subtenant.
• Without permission: Secret subletting (for example via holiday portals) can lead to termination. Commercial holiday letting is mostly not allowed (mietvertrag-die-wichtigsten-punkte-vor-der-unterschrift).