Subletting: Rights and Obligations

Short: Subletting means a tenant rents out part or all of the apartment to a third party. The tenant generally needs the landlord’s permission, except in legally regulated exceptions.

In more detail: A legitimate interest in subletting, such as financial reasons or a new life situation, often grounds a claim to permission.

In detail

• Permission requirement: Without landlord consent, subletting generally constitutes a breach of contract that can lead to termination.
• Legitimate interest: Reasons like temporary absence, financial necessity, or a partner moving in usually ground a reasonable interest.
• Partial subletting: Renting out individual rooms, for example to a flatmate, also generally requires consent but is granted more often than complete subletting.
• Landlord’s reasons for refusal: Overcrowding the apartment or legitimate doubts about the subtenant’s reliability can justify a refusal.
• Rent increase upon permission: The landlord can, under certain circumstances, demand a reasonable surcharge on the rent when there’s a legitimate interest in subletting.
• Liability toward the landlord: The main tenant remains fully responsible toward the landlord, including for damage caused by the subtenant.
• Short-term renting as a gray area: Renting via platforms for just a few days is often considered its own category with sometimes stricter rules than classic subletting (eigenbedarfskuendigung, nachbarschaftsrecht-grundlagen).