Subletting a room in Germany: what subtenants should know
Who your contract is with, what rights you have, and what to check before you move in.
As a subtenant, you have all the rights of a tenant under German law, but your contract is with the Hauptmieter (main tenant), not the owner. Before you pay, ask to see the owner's permission and get the sublease in writing.
What to know as a subtenant
Renting a sublet room is a real tenancy. Sort out these points before you move in.
- 1
Your contract is with the Hauptmieter
You rent from the Hauptmieter, not from the owner of the flat.
- 2
Ask to see the owner's permission
The Hauptmieter needs the owner's permission to sublet. Ask to see it before you pay.
- 3
Get the sublease in writing
Agree the sublease in writing, not just verbally.
- 4
The Kaution is capped
The Kaution (deposit) can be at most three months' rent without Nebenkosten (service charges). The Hauptmieter must keep it separate from their own money and invest it so that it earns interest.
- 5
Pay so you can prove it
Pay the Kaution by bank transfer or in exchange for a receipt. Later you have to prove that you paid.
- 6
The notice period can be short
If your room is furnished and the Hauptmieter lives in the flat, the notice period can be very short.
Why this matters
Under § 540 Abs. 1 BGB, the Hauptmieter can only let you have the room with the owner's permission. As a subtenant, you are not liable for normal wear, just like any other tenant (§ 538 BGB).
General information, not legal advice.
Frequently asked questions
Does the owner have to agree to the sublet?
Yes, the Hauptmieter is not allowed to let you have the room without the owner's permission (§ 540 Abs. 1 BGB). Ask about the permission before you sign. Without it, you could lose your room through a termination you have no say in.
How much Kaution can the Hauptmieter ask for a room?
The Kaution for a room can be at most three months of the agreed sublet rent, without Nebenkosten (§ 551 Abs. 1 BGB). The Hauptmieter must keep the Kaution separate from their own money and invest it so that it earns interest.
How quickly can the Hauptmieter give me notice?
If the Hauptmieter lives in the flat and your room is furnished, they can give you notice by the 15th of a month, and your tenancy then ends at the end of that month (§ 573c Abs. 3 BGB).
Also in this topic: Kaution in a student WG: who pays in, who gets it backTaking in a subtenant: asking your landlord's permissionMoving out of a shared flat: how long am I liable?WG: splitting rent and Nebenkosten fairlyAll guides: Shared flats & subletting
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