In Germany, when a tenant is temporarily away, the home or parts of it may be let to others only with the landlord’s consent. The relevant legal provisions are Section 540 of the German Civil Code (BGB) and Section 553 of the German Civil Code (BGB). Unauthorised subletting may be regarded as a breach of contract and can lead to termination of the tenancy, so permission should be obtained in advance.
The key distinction is between letting the whole property and letting only part of it. Section 553 of the BGB gives tenants the right to permission to sublet part of their home if a legitimate interest arises after the tenancy agreement is made. Such interests commonly arise when a tenant takes up a temporary work assignment elsewhere, goes away to study or has to pay rent on two homes temporarily because they have a second residence. Section 540 of the BGB continues to apply when the entire home is being let; in this case, there is no automatic right to consent.
A landlord may not refuse permission without good reason. Recognised grounds for refusal include, in particular, overcrowding, a specific risk to the peace and quiet of the building, an unreasonable additional burden or intended commercial use. This also applies to short-term guests who change frequently. If there is a legitimate interest and no overriding interests of the landlord are at stake, permission should generally be granted. The case law of the Federal Court of Justice has confirmed this for typical situations, while also emphasising limits, such as when the entire home is being let.
In practice, it is advisable to send a written request to the landlord. It should state the exact period, the proposed subtenant’s name and contact details, and the reasons for the legitimate interest, supported where possible by evidence such as an employment contract, a certificate of enrolment or secondment documents. Any changes, such as a change of person, must be notified again. A blanket clause in a tenancy agreement prohibiting all subletting is generally invalid in light of Section 553 of the BGB, but this does not remove the obligation to obtain consent in advance in each individual case.
Important for tenants: the principal tenant is initially liable for damage caused by the subtenant. A clear, written subtenancy agreement provides legal certainty on matters such as rent, bills, house rules and liability. Advice from a tenants’ association can help tenants assert their rights correctly and avoid risks. As at 7 November 2026.
Editor: Mira Cadena (Article created with AI assistance).