Subletting: When You May Sublet and What to Keep in Mind
Subletting a flat in whole or in part is permitted – but only with the landlord's consent. For partial subletting you even have a legal right to consent where you have a legitimate interest.
The landlord's consent (§ 540 BGB)
As a rule, you may only hand the flat over to a third party with the landlord's consent. If you sublet without consent, the landlord can issue a formal warning and, in the event of a repeat, terminate the tenancy.
The right to partial subletting (§ 553 BGB)
If, after the tenancy agreement has been concluded, a legitimate interest arises in subletting part of the flat – for example for financial reasons or to take in another person – you have a right to consent under § 553 BGB. The landlord may refuse it only for good cause.
Sublet surcharge
The landlord may make consent conditional on a reasonable sublet surcharge if subletting would otherwise not be reasonable for them to accept. A flat-rate or disproportionately high surcharge, by contrast, is not permitted.
The whole flat or just part of it
The right under § 553 BGB only covers subletting part of the flat; you must therefore remain the tenant yourself and continue to live in the flat. To hand over the entire flat you always need the landlord's separate consent.
Risks of unauthorised subletting
Without consent you risk a formal warning and termination. Obtain the consent in writing, keep it on file and conclude a separate sublease agreement with the subtenant. An automated contract check detects inadmissible subletting bans.
Relevant law
Frequently asked questions
No. Handing the flat over to third parties generally requires the landlord's consent (§ 540 BGB). Without consent you face a formal warning and termination.
For part of the flat, yes, if a legitimate interest arises after the agreement is concluded (§ 553 BGB). The landlord may refuse only for good cause.
Yes, a reasonable surcharge, if subletting would otherwise not be reasonable for them to accept. A disproportionately high or flat-rate surcharge is not permitted.
Only with the landlord's separate consent. The right under § 553 BGB applies only to part of the flat.
Any reasonable, comprehensible ground, such as financial relief, taking in a partner or being away for work. It must have arisen after the tenancy agreement was concluded.
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