October 13, 2026
Sublease agreement template for Germany: what to include
Photo: Annika Wischnewsky via Unsplash.
A sublease agreement (Untermietvertrag) is the contract a main tenant in Germany uses to rent part or all of their flat to a subtenant. A good template covers the room, rent, deposit, term and notice, and refers to the landlord's permission, without which subletting is not allowed. If you are looking for a flat of your own in Berlin, you can join Waitly's Berlin waitlists.
Last updated: 13 October 2026.
In short
Subletting always needs the landlord's permission. Tenants are entitled to permission for part of the flat if a legitimate interest has arisen since they signed the lease, such as a partner moving out. Making a profit is not a legitimate interest. The sublease agreement should set out the room, rent, utilities, deposit, term and notice in writing. The subtenant registers within two weeks, and the main tenant issues the landlord confirmation (Wohnungsgeberbestätigung) needed for that.
What is subletting (Untermiete)?
Subletting means a tenant lets a third person use their rented flat in return for money. There is no contract between the landlord and the subtenant: the subtenant pays the main tenant, and the main tenant stays responsible to the landlord for the whole flat.
The basic rule is in section 540 BGB: without the landlord's permission, a tenant may not hand the flat over to a third party. The main tenant is also liable for any fault of the subtenant, even when the landlord has allowed the sublet.
How to ask for consent and find a suitable subtenant is covered in our guide to subletting your Berlin apartment. If you want to hand over the entire flat for a few months, read our tips on offering a Zwischenmiete.
Photo: Apartment Life via Unsplash.
When does the landlord have to allow subletting?
The landlord has to allow you to sublet part of the flat if a legitimate interest has arisen for you after the lease was signed. That is the rule in section 553 BGB. The landlord may only refuse if there is a serious reason relating to the subtenant, the flat would be overcrowded, or the sublet is otherwise unreasonable for them.
A legitimate interest means an understandable personal or financial reason, such as a separation, losing a job or a longer stay abroad. Wanting to lower your own rent is enough under settled case law. Profit is not: on 28 January 2026 the Federal Court of Justice ruled that there is no legitimate interest when the tenant takes in more from the sublet than their own housing costs.
There is no right to permission for the whole flat. If the landlord refuses without a reason relating to the subtenant, section 540 BGB lets the tenant end the lease early with the statutory notice period.
Subletting a room in a flatshare (WG)
In a German flatshare (WG), subletting is the norm when only one person is on the main lease. When a flatmate moves out, the remaining tenant's costs go up. The Berlin Regional Court has treated this as a legitimate interest in carrying on the flatshare with a new subtenant.
If everyone in the flat is on the lease, nobody is a subtenant, and the rules for joint leases apply instead. Our guide to the WG lease template explains the difference. A WG sublease uses the same checklist as below, plus rules on shared rooms and how electricity and internet are split.
What is a subletting surcharge (Untermietzuschlag)?
A subletting surcharge is a higher rent the landlord may ask for if the sublet would only be reasonable for them on that basis. It is set out in section 553(2) BGB, and the law does not fix an amount. The surcharge is an exception, not an automatic fee for every sublet.
One possible reason is higher consumption of utilities that are included in the rent as a flat rate rather than billed per person or by usage. Whether a surcharge is reasonable always depends on the individual case. The surcharge is agreed between the landlord and the main tenant. The main tenant may pass on a reasonable share of it in the sublease rent, as long as this does not turn into a profit.
Photo: Maria Ziegler via Unsplash.
Template checklist: what a sublease agreement must contain
A verbal sublease is valid, but only a written contract protects both sides in a dispute about rent, the deposit or moving out. Every template should include these points:
Parties, room and permission
Parties: name and current address of the main tenant (sublessor) and the subtenant.
What is rented: the flat's address, the specific room and the shared rooms such as kitchen, bathroom and balcony.
Landlord's permission: a reference to the written permission with its date, ideally attached as a copy.
Start and term: open-ended or fixed until a set date, with the reason for the fixed term.
Money, furniture and ending the sublease
Rent: the monthly amount, split into base rent, utilities as a flat rate or advance payment, and electricity and internet, with the due date and bank details.
Deposit: amount and payment terms. Under section 551 BGB it is capped at three months' rent excluding utilities, payable in three instalments.
Furniture: an inventory listing the condition of the furniture and appliances provided.
Notice: notice periods for both sides and a clause that the sublease ends at the latest with the main lease.
House rules and shared use: quiet hours, guests, pets, cleaning rota and keys.
Handover: a record of the room's condition at move-in and move-out and the number of keys.
Registration: the main tenant's promise to issue the landlord confirmation in time.
Date and signatures of both parties.
Notice and the end of a sublease
Notice generally works the same way as for any residential lease. One important exception applies to a furnished room in a flat the main tenant lives in. Under section 549 BGB the special protection against termination does not apply there, and notice can be given by the 15th of a month to the end of that month. The exception does not apply if the subtenant lives there permanently with family or a partner.
If the main lease ends, the landlord can reclaim the flat from the subtenant too, under section 546 BGB. A separate contract with the main tenant does not protect the subtenant from this. That is why every sublease agreement needs a clear clause on what happens in that case. The main tenant should only promise what they can actually deliver towards the landlord.
Registering the subtenant and the landlord confirmation
The subtenant has to register at the citizens' office (Bürgeramt) within two weeks of moving in. For this they need a landlord confirmation (Wohnungsgeberbestätigung), which in a sublet is issued by the main tenant, because the main tenant is the one providing the room. The owner's name and address still go on the form.
What the confirmation must contain is explained in our article on the Wohnungsgeberbestätigung. In Berlin you can register online through the Berlin service portal if you have an ID card with the online function. Our guide to registering in Berlin online walks through the steps. If you are adding a flatmate, see whether you need landlord permission for a roommate.
Frequently Asked Questions
Can the subtenant pay more than their share of the rent?
They can pay a share of furniture, electricity and internet. If the sublease rent exceeds what the main tenant pays for the flat, however, the 2026 ruling means there is no legitimate interest, and the landlord does not have to consent.
What happens if I sublet without permission?
The landlord can issue a formal warning and, depending on how serious the breach is, terminate the lease with or without notice. In the Berlin case decided by the Federal Court of Justice, the main tenant lost the flat after continuing to sublet without permission despite a warning.
Does the permission have to be in writing?
The law does not require a particular form, but many leases ask for written consent. Written permission naming the subtenant is the only reliable proof if there is a dispute later.
Does the subtenant need their own liability insurance?
It is not required by law. Because the main tenant is liable to the landlord for damage caused by the subtenant, personal liability insurance for the subtenant can make sense for both sides.
A flat of your own in Berlin instead of a sublet
Subletting is often a stopgap until a flat of your own becomes available. If you are looking for your own lease in Berlin in the long run, you can sign up for landlords' waitlists and interest lists on Waitly and get notified when there is news. Signing up improves your chances, but it does not guarantee a flat.
