Subletting Permit

A subletting permit is the landlord’s written or verbal consent allowing a tenant to sublet the rented apartment or parts thereof to a third party. Without this permit, subletting is generally prohibited and may result in the termination of the lease agreement. Under certain conditions, however, the tenant has a legal right to be granted this permit.

Legal Right to a Subletting Permit

Under Section 553 of the German Civil Code (BGB), a tenant may request permission to sublet if a legitimate interest in subletting arises after the lease agreement has been concluded-such as due to work-related absences, a new relationship, or financial difficulties. However, this right is not absolute: The landlord may refuse permission if there is a valid reason related to the potential subtenant, if the apartment would become overcrowded as a result, or if other legitimate interests of the landlord conflict with the request. In this case, the landlord may also demand a reasonable rent increase.

The right to subletting permission arises only after the lease agreement has been concluded and requires a change in life circumstances. Anyone who plans from the outset to sublet the apartment has no claim to permission-this would have to be agreed upon at the time the contract is signed. In practice, courts always examine in disputes whether the tenant’s legitimate interest is credible and whether the landlord’s refusal is objectively justified.

Requirements for Granting Permission

Permission to sublet can be granted informally-it is legally valid even if given verbally or via email. However, the written form is always recommended to preserve evidence. Conditions may be attached to the permission, such as restricting it to a specific group of people, limiting it to parts of the apartment, or setting a time limit. Landlords are entitled to ask for the name and basic information about the intended subtenant before making a decision.

An important question in practice is the scope of the permission: Does it apply only to the named subtenant or also to their successors? And does it expire when the subtenant moves out and a new one is to move in? As a general rule, the permission applies to the specific situation, not to any future subletting arrangements. In case of doubt, a new permission must be obtained for each new subtenant.

Consequences of Unauthorized Subletting

If a tenant sublets without permission, this entitles the landlord to issue a warning and-if the subletting continues-to terminate the main lease agreement with or even without notice. Additionally, claims for damages may arise if the unauthorized subletting causes damage to the rental property or results in violations of the house rules.

Short-term rentals via platforms such as Airbnb without permission are particularly problematic: Courts have repeatedly confirmed that this constitutes a particularly serious breach of duty justifying termination without notice-even if the tenant engaged in subletting only occasionally. Landlords who suspect such use may demand information from the tenant regarding the actual use of the property.

Practical Tip for Property Owners in Nuremberg and Franconia

In Nuremberg-a university city with a large student population and a growing proportion of skilled workers from other European countries-there is high demand for sublets, shared-apartment rooms, and temporary housing. Landlords should clearly stipulate in the lease agreement whether and under what conditions subletting is permitted. We recommend including a clause that makes subletting contingent upon prior written consent.

This allows you, as the landlord, to retain control over the use of your property without being legally obligated to approve every request. At the same time, we recommend taking legitimate requests from tenants seriously and responding constructively-because a long-term, reliable tenant who wishes to sublet temporarily is often more valuable than a vacant unit or an unknown new tenant.

Frequently Asked Questions

Can the landlord refuse permission to sublet without providing a reason?

No, if the tenant demonstrates a legitimate interest in subletting, the landlord must provide a reason for the refusal. The landlord may only refuse if there is a valid reason-such as overcrowding or an unreasonable subtenant. A refusal without cause is unlawful and may entitle the tenant to terminate the lease for cause.

Can the landlord charge additional rent for granting permission?

Yes, Section 553(2) of the German Civil Code (BGB) allows the landlord to make the granting of permission contingent upon a reasonable increase in rent. This applies in particular if the subletting leads to more intensive use of the apartment. The rent increase must be reasonable; excessive demands can be challenged by the tenant in court.

Does the subletting permission expire upon a change of ownership?

No. If the property is sold, the new owner assumes the existing lease agreement under § 566 BGB-including any permissions granted. The subletting permission therefore generally remains in effect. Buyers of a rented property should therefore inquire about existing subletting arrangements before purchasing.

May the tenant rent the apartment to tourists via a platform if they have a general subletting permission?

No. A general subletting permit under Section 553 of the German Civil Code (BGB) does not cover commercial short-term rentals via platforms such as Airbnb. Short-term rentals to rotating tourists are considered by case law to be a distinct, particularly intensive form of use that requires an explicit, separate authorization. In the absence of such permission, termination of the primary lease is possible-several court rulings have also confirmed termination without notice. Additionally, in Nuremberg and other Bavarian cities, public law regulations (regulations on misuse of property) may apply, requiring approval from the city before living space may be regularly rented to tourists.

Special Considerations for Setting Up a Shared Apartment and Subletting

A common practical issue is when a tenant sets up a shared apartment: If a partner or friend moves into the apartment permanently, this constitutes (partial) subletting from a legal perspective, which generally requires permission. Exceptions apply to close relatives (children, parents, spouses), who may move into the apartment without requiring a subletting permit. In Nuremberg-with a high proportion of students and young professionals-conflicts regularly arise when tenants temporarily sublet their apartment after moving out or establish a shared living arrangement without informing the landlord. We recommend that landlords include clear provisions in the lease agreement regarding the number of occupants and the requirement for permission before additional people move in.

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