Taking in a subtenant: how to get permission
When your landlord has to let you sublet a room, and how to ask for permission the right way.
You are entitled to your landlord's permission to sublet part of your flat if a legitimate interest, such as a financial reason, comes up after you signed the lease. Ask the landlord in writing before anyone moves in.
What to put in your request to the landlord
A short written request is enough. What matters is that the landlord has everything they need to decide.
- 1
The subtenant's name
Say who is going to move in with you.
- 2
The room
Say which part of the flat the subtenant will use.
- 3
The start date
Say when the subtenant will move in.
- 4
Your reason
Explain why you want to sublet, for example for financial reasons or because your partner is moving in.
- 5
Ask in writing
Send the request in writing so you can prove later that you asked.
- 6
Set a deadline
Give the landlord two to four weeks to answer, and do not let anyone move in before then.
Why this matters
Under § 553 Abs. 1 BGB, you can demand the landlord's permission if a legitimate interest comes up after you signed the lease. If you sublet without permission, you break the lease (§§ 540, 543 BGB).
General information, not legal advice.
Frequently asked questions
How do I ask my landlord for permission to sublet?
Ask the landlord for permission in writing, and give the subtenant's name, the room, the start date and your reason (§ 553 Abs. 1 BGB). Set a deadline of two to four weeks, and do not let anyone move in before then.
When can the landlord refuse permission?
The landlord can only refuse for an important reason (§ 553 Abs. 1 Satz 2 BGB). That means a reason to do with the subtenant personally, an overcrowded flat, or another reason that makes the sublet unreasonable for the landlord. If the landlord refuses without such a reason, you can end your tenancy with the notice period set by law (§ 540 Abs. 1 Satz 2 BGB).
What happens if I sublet without permission?
If you sublet without permission, you break the lease. The landlord can send an Abmahnung (formal warning) and, in a serious case, end the tenancy (§§ 540, 543 BGB).
Also in this topic: Moving out of a shared flat: how long am I liable?WG: splitting rent and Nebenkosten fairlyAll guides: Shared flats & subletting
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