Finding a Zwischenmieter without trouble with your landlord
The order to do things in when you look for a Zwischenmieter (interim tenant), so your flat is in good hands and you do not pay for someone else's damage.
Get your landlord's permission first, then look for applicants and meet them. Sign a written sublease and record the flat's condition on handover day.
The right order, step by step
If you start with the ad, you often have an interim tenant before you have asked the landlord. This order works better.
- 1
Get permission first
Get your landlord's permission in writing, with the period. Ask whether a subletting surcharge is due.
- 2
Set the rent
Set a reasonable rent. Where the Mietpreisbremse (rent brake) applies, it applies to the sublet too.
- 3
Write the ad
State the period, the rent, the furniture and what stays in the flat.
- 4
Meet the applicants
Meet applicants in the flat and ask to see their ID.
- 5
Sign a sublease
Put the sublease in writing, with a Kaution (deposit) and a list of the furniture.
- 6
Hand over the flat
Record every room and the furniture first. Then hand over the keys.
Why this matters
Under § 540 Abs. 2 BGB, you are liable to your landlord for damage the interim tenant causes, even if the landlord gave permission. You can only get the money back if there is a record of the flat's condition on handover day.
General information, not legal advice.
Frequently asked questions
Where do I find an interim tenant?
You can find an interim tenant through sublet and flatshare portals, your university or friends. Meeting the person before you say yes matters more than where you find them.
Can my landlord refuse the sublet?
Your landlord can refuse a sublet of the whole flat. You can then give extraordinary notice on your lease, unless there is good cause that lies with the interim tenant personally (§ 540 Abs. 1 BGB). For part of the flat, you have a right to permission if you have a legitimate interest (§ 553 BGB).
What is the difference between a Zwischenmieter and a Nachmieter?
A Zwischenmieter lives in your flat as a subtenant for a limited time, and you remain the tenant. A Nachmieter takes over your lease, and you leave the lease.
Also in this topic: Kaution for a furnished flat: furniture deductionsFurnished flat in Germany: does the Mietpreisbremse apply?Kaution for a Zwischenmiete: amount, return, deductionsAll guides: Furnished & short-term letting
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