April 17, 2026
Find a Replacement Tenant Instead of Cancelling: The Right to Sublet Under Section 553 BGB
When two people have signed a lease jointly and one moves out while the other can't, or doesn't want to, carry the flat alone, cancelling the lease isn't the only route. Section 553 BGB gives tenants an enforceable right, under certain conditions, to have the landlord approve taking on a replacement tenant or sub-tenant, even while the original lease continues.
The statutory claim under Section 553 BGB
If a tenant develops a legitimate interest, after signing the lease, in letting part of the flat to a third party, they can require the landlord to grant permission for that. Case law regularly treats a partner moving out for personal reasons as exactly this kind of legitimate interest, just as it does financial reasons, when the rent alone is no longer affordable. The claim is for permission to partially sublet, not for a change to the contract that would release the departing partner from the lease entirely.
When the landlord is allowed to refuse permission
The landlord can only withhold consent under Section 553(1) BGB for specific reasons: an important reason concerning the proposed sub-tenant personally, such as well-founded doubts about their reliability; excessive occupancy of the flat because of the extra person; or some other reason that makes subletting unreasonable for the landlord. A bare refusal without one of these grounds is not enough. If the landlord refuses permission without justification, the tenant can sue for the permission to be granted and, in certain cases, even claim damages if the delay causes financial harm. The German Tenants' Federation (Deutscher Mieterbund) explains these three grounds for refusal in a detailed paper on partial use transfer.
A rent increase as a condition of consent
If subletting is only reasonable for the landlord with an appropriate rent increase, they can make their consent conditional on the tenant agreeing to that increase. This mainly applies to cases where the extra person noticeably raises running costs, such as water or heating billed by consumption. Any such increase has to be based on the actual added cost, and can't be used as a disguised general rent increase.
How this differs from a full contract change
Subletting under Section 553 BGB leaves the original lease between the landlord and both original tenants untouched. The departing partner remains a party to the contract with the landlord and generally stays jointly liable for the rent, but has a separate internal arrangement with the remaining tenant and the new sub-tenant over who actually pays. Anyone who wants to release the departing partner from liability entirely needs, in addition, the landlord's express agreement to a genuine contract amendment that goes beyond simple subletting permission. The two routes can be combined: subletting as a bridge first, followed by a formal contract change once the new flatmate has proven reliable.
The practical approach when partners disagree
If the departing partner won't immediately agree to cancel the joint lease, but also isn't trying to block things, subletting under Section 553 BGB is often the faster fix, because it doesn't require the departing partner's agreement at all, only the landlord's permission. In practice that means: propose a specific replacement tenant, set out the legitimate interest to the landlord in writing, and, if refused, ask the landlord in writing to state which of the three permitted grounds applies. If the landlord doesn't give a reason, or the reason given is clearly a pretext, a consultation with the local tenants' association is worth having before considering legal action.
Conclusion
A joint lease doesn't have to end in a dead end just because the tenants disagree about cancelling it. Section 553 BGB gives a concrete, ultimately enforceable right to permission for a replacement tenant, as long as no important reason speaks against that person and the flat wouldn't become overcrowded as a result.
Frequently Asked Questions
Does the departing partner have to agree to the subletting?
No. The claim under Section 553 BGB runs against the landlord, not the co-tenant. The original lease and both tenants' liability remain unaffected for now.
On what grounds can the landlord refuse subletting?
Only for an important reason concerning the sub-tenant personally, excessive occupancy of the flat, or some other reason that makes subletting unreasonable for the landlord.
Can the landlord raise the rent because of the subletting?
Yes, if subletting is only reasonable for the landlord with an appropriate increase, they can make consent conditional on the tenant agreeing to it.
Does this release the departing partner from the lease?
Not automatically. Fully releasing them from liability additionally requires an express contract amendment agreed to by the landlord.
What if the landlord refuses without giving a reason?
Ask in writing for one of the three permitted grounds. If the landlord can't provide a plausible reason, the permission can, if necessary, be enforced through the courts.
Anyone who would rather look for a new, smaller place than find a replacement tenant can browse current listings on Waitly. On what happens to the rent while both names remain on the lease, see Mietvertrag: What to Do When One Tenant Moves Out. For the grounds a landlord could cite instead, see What Grounds Can a Landlord Use to Terminate a Lease? Section 573 BGB Explained. If a completely new flatmate is joining instead of a replacement tenant, see Mietvertrag: Tips for Shared Apartments With Owner. When partners disagree, a consultation often helps, see Find a Tenants' Association Near You in Germany.
