Allowing Untervermietung: when you have to say yes
When you have to allow Untervermietung (subletting), when you can refuse, and what to record when the subtenant moves in.
If your tenant wants to sublet part of the flat and has a legitimate interest, you have to allow it as a rule and can refuse only for good cause. You never have to allow a sublet of the whole flat.
What to check when your tenant asks to sublet
Your decision depends on a few questions. Give your answer in writing.
- 1
Part of the flat or all of it?
The tenant's right to permission covers only part of the flat.
- 2
Is there a legitimate interest?
The tenant's legitimate interest must have come up after the lease was signed.
- 3
Do you have good cause to refuse?
You can refuse because of something about the person who would move in, overcrowding, or because the sublet is unreasonable for you for another reason.
- 4
A surcharge on the rent
If the sublet is only reasonable for you with more rent, you can ask for an appropriate surcharge.
- 5
Decide in writing
Put your permission or your refusal in writing, with your reasons.
- 6
Record the condition at move-in
When the subtenant moves in, walk through every room and record every mark.
Why this matters
Under § 553 BGB, the tenant has a right to your permission to sublet part of the flat if they have a legitimate interest. If you refuse wrongly, the tenant can end the lease with the statutory notice period under § 540 Abs. 1 S. 2 BGB.
General information, not legal advice.
Frequently asked questions
Do I have to allow a sublet of the whole flat?
No, you do not have to allow a sublet of the whole flat. The tenant's right to permission covers only part of the flat (§ 553 Abs. 1 BGB). If the tenant hands over the whole flat without permission, that is a ground for ending the lease (§ 540, § 543 BGB).
Can I charge a sublet surcharge (Untermietzuschlag)?
Yes, you can charge a surcharge if the sublet is only reasonable for you with more rent (§ 553 Abs. 2 BGB). The surcharge is measured by your actual extra burden, such as higher running costs, not by a fixed percentage.
Can my tenant sublet through Airbnb?
According to the BGH, short lets to changing guests are usually not a legitimate interest. You do not have to allow them, and without your consent they can lead to termination of the lease.
Also in this topic: New-for-old deduction: how landlords charge for damage correctlyHolding a Mietkaution as a landlord in GermanyKeeping the Kaution: what landlords must prove and for how longKaution settlement: a template for landlords
Is a subtenant moving in soon?
When the subtenant moves in, walk through every room and record the condition. BildProof guides you through the flat and creates a structured condition report.
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