Subletting is legal in Germany, but there are some restrictions. You should know about these before actually going for the sublet contract. You can learn more about the rules for subletting in Germany here! Upon having the green light for subletting your apartment, you will need a sublet contract. Discover more about sublet contracts in Germany in this blog post!
A written contract is normally not required for an apartment sublet in Germany. However, it is a good idea to have everything written down in paper to avoid any misunderstandings in the future.
Sublet contract draft
Most sublet contracts in Germany contain the same basic information. Make sure your contract clearly states the following details:
- The names of the main tenant and its subtenant
- The exact address of the apartment (street name, number, building, etc.)
- Start and end dates of the sublet
- The rent to be paid and any extra costs (such as for internet, water, electricity)
- How to pay for them (e.g. directly into a bank account or via a money transfer).
- Which rooms can be used
- How many keys were given
- How much deposit was paid
- What condition the rented flat is in
- House rules regarding things like smoking and pets
- Signatures of both parties
You can download a free subletting contract template here!
Cancelling a sublet contract
The German rental law states that the subtenant must give a notice period of atleast three months to the main tenant if they wish to move out before the end of the previously agreed date and it must be done before the third day of a particular month.
On the other hand, if the main tenant wishes to cancel the contract, they can only do so by giving the subtenant a minimum notice period of six months unless they have a good reason to end the contract earlier (for example, if the subtenant did not pay the rent or is not abiding to the rules of the contract).
After the sublet, the main tenant is still the only one who has the main contract with the landlord. Therefore, the main tenant is fully liable towards the landlord for the whole rented apartment or room in case of a breach of contract or damages to the property. Any damage by the main tenant or the subtenant will lead to the main tenant being responsible for them. The main tenant is also required to cover the subtenant’s share of the rent if they refuse to pay.
Remember, even if you are a subtenant of an apartment, you still have to register your address at the registration office. By not doing so, you may have to pay fines, which you obviously do not want to!
Are you new in Germany and you have lots of questions concerning Anmeldung in Germany? Check out our YouTube video to get your questions answered!
Germany is the land of bureaucracy! So, if you are an international and are having troubles with your landlord regarding some misunderstandings due to language barriers, do not worry, it is not your fault! Booka Local can help you deal with such issues by acting as a bridge between your landlord and you. Simply book a helper here with minutes!