Taking In a Subtenant: Getting Permission (2026)
Taking In a Subtenant: Getting Permission
For part of the flat you have a claim, once a legitimate interest arises after the tenancy was signed (§ 553 Abs. 1 BGB).
For the whole flat there is no right (§ 540 BGB). The landlord may refuse only for good cause and may charge a reasonable sublet supplement. Never sublet without permission.
§ 553 Abs. 1 BGBIn 60 seconds
The right arises once a legitimate interest emerges after the tenancy was signed: financial reasons, a partner moving in, or a longer period abroad (§ 553 Abs. 1 BGB).
Always obtain permission in writing before anyone moves in: the right does not substitute for the permission itself.
Subletting without permission breaches the tenancy. The landlord can warn you and, in serious or repeated cases, terminate; for the whole flat even without notice (§§ 540, 543 BGB).
The landlord may refuse only for good cause: something in the third party's person, overcrowding, or unreasonableness. Simply wanting more rent is not enough.
Under the case law, subletting for profit does not establish a legitimate interest.
What the law says
Where, after the tenancy is concluded, a legitimate interest arises for the tenant in letting part of the dwelling to a third party, they may require the landlord's permission. This does not apply where there is good cause in the third party's person, where the dwelling would be overcrowded, or where the landlord cannot reasonably be expected to permit it for other reasons. Working translation; the German original is the binding text.
Part of the flat or the whole of it?
| Point | Part of the flat | The whole flat |
|---|---|---|
| Legal basis | § 553 BGB | § 540 BGB |
| Do you have a right to it? | yes, on a legitimate interest | no, only with express consent |
| The landlord may refuse where | good cause in the person, overcrowding or unreasonableness | freely, no duty to consent |
| If you sublet without permission | warning, and termination in a serious case | warning, often termination without notice (§ 543 BGB) |
A sublet supplement is permissible where letting is only reasonable for the landlord against an added burden (§ 553 Abs. 2 BGB), and it must reflect that actual burden, not a figure they would like.
Related: Subletting in a flatshare and Splitting Nebenkosten in a flatshare.
What it means for each side
- Name the person concretely. Nobody has to grant permission "for someone unknown".
- State which room you are letting and from when.
- Set out the legitimate interest briefly and concretely.
- Wait for the permission and keep the request and the reply.
- For part-subletting with a legitimate interest there is a right.
- You may refuse only for good cause, not on a whim.
- A sublet supplement must reflect the actual added burden (§ 553 Abs. 2 BGB).
- You never have to permit the whole flat.
Common mistakes
Even with a right you must assert it. It does not substitute for the permission itself.
The right covers part only; the whole needs consent under § 540 BGB.
The landlord need not grant permission "for anyone".
Check it is justified under § 553 Abs. 2 BGB and proportionate. And subletting for profit does not establish a legitimate interest.
What to do next
Name the subtenant: their name and, if relevant, date of birth.
State the rooms and the start: which room, from when.
Set out the legitimate interest briefly and concretely (§ 553 Abs. 1 BGB).
Ask in writing, set a reasonable deadline (often two to four weeks), and wait for the permission.
Frequently asked questions
Do I have a right to take in a subtenant?
For part of your flat, yes: under § 553 Abs. 1 BGB you have a right (Anspruch) to the landlord's Erlaubnis when a berechtigtes Interesse arises after you signed the contract, for instance financial reasons, a partner moving in, or a longer work- or study-related stay elsewhere. There is no such right for the whole flat; you may hand that over only with the landlord's express consent (§ 540 BGB).
How do I request permission to sublet?
Ask the landlord in writing (letter, email or in-app message) for the Erlaubnis and state clearly: the name of the subtenant, which rooms you want to hand over, from when, and the reason (your berechtigtes Interesse under § 553 Abs. 1 BGB). Set a reasonable deadline to reply and wait for permission before anyone moves in.
Can the landlord charge an Untermietzuschlag?
Only if handing over part of the flat would be unreasonable for them without a reasonable rent increase (§ 553 Abs. 2 BGB). In practice surcharges of roughly 10 to 20 percent of the sublet rent are considered reasonable. If no extra person moves in (a mere change of person), a surcharge is usually not allowed. The burden of proof lies with the landlord.
When may the landlord refuse permission?
Only for a wichtiger Grund (§ 553 Abs. 1 Satz 2 BGB): if there is a serious reason in the subtenant's person, if the dwelling would be overcrowded, or if the arrangement is otherwise unreasonable for the landlord. If they refuse without such a reason, you can terminate the tenancy extraordinarily with the notice period set by law (§ 540 Abs. 1 Satz 2 BGB).
What happens if I sublet without permission?
You breach the lease. The landlord can issue an Abmahnung (formal warning) and, in serious or repeated cases, terminate, for handing over the whole flat even without notice (§ 540, § 543 BGB). The mere right under § 553 BGB does not replace the Erlaubnis; you must actually obtain it before anyone moves in.
Can I make a profit from subletting?
No. Under BGH case law (judgment of 28 January 2026, VIII ZR 228/23), profit-oriented subletting does not amount to a berechtigtes Interesse under § 553 BGB. The right covers sharing your housing costs, not generating income that significantly exceeds your own costs.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.