If you go abroad for a study semester, you often wonder what happens to your flat in Germany. Subletting the flat for the semester is only possible with the landlord’s consent. Without that permission, you remain bound by the rent even if you are not living there.
Short answer: During a study abroad semester you may only let the flat to third parties with the landlord’s permission. This follows from § 540 para. 1 of the German Civil Code (BGB), which expressly includes further letting. If the landlord refuses permission, you can terminate the tenancy with the statutory notice period. Last updated: November 2026.
The essentials in brief
- Subletting requires the landlord’s permission, even if you are only away for one semester.
- If the landlord refuses permission, you can terminate the tenancy with the statutory notice period.
- This right to terminate lapses if there is an important reason in the person of the third party.
- A study abroad semester is not a reason for a fixed term under § 575 BGB, so the contract does not end by itself.
- Before you decide, look at your contract and at the rules on termination.
What § 540 BGB says about subletting
Under § 540 para. 1 BGB, a tenant may not allow a third party to use the rented property without the landlord’s permission. Further letting is expressly included. For you this means that anyone who wants to take over the flat during your study abroad semester needs the landlord’s consent in advance.
How such a temporary sublet works in practice is explained in our guide to temporary subletting for students.
What happens if the landlord says no?
If the landlord refuses permission, you can terminate the tenancy extraordinarily with the statutory notice period. This follows from § 540 para. 1 sentence 2 BGB. This right lapses if there is an important reason in the person of the third party. Keep the landlord’s refusal in writing before you give notice.
Terminating or subletting: the options
The overview below compares the three routes. Which one suits you depends on the contract and on whether you want to move back in after your return.
| Route | What you need | What to watch for |
|---|---|---|
| Subletting with permission | The landlord’s written consent | Liability, deposit and the contact person should be clearly set out. |
| Termination after refused permission | Proof of the refusal | The statutory notice period applies. Keep proof that the notice was received. |
| Ordinary termination | The termination rules in the contract | The period and date are set out in the contract and in the law. Have them checked before you write. |
What to clarify before your semester abroad
Before you decide, clarify three points: whether the tenancy agreement excludes subletting, how long the flat would stand empty, and whether you want to move back in after your return. The notice period depends on the contract and the statutory rules. A tenants’ advice service can tell you which period applies to you.
Health insurance is part of the planning too. There is a separate guide on health insurance during a study abroad semester (in German).
Frequently asked questions
Can I simply sublet the flat during my semester abroad?
No, not without permission. Under § 540 para. 1 BGB, a tenant needs the landlord’s permission to let the flat to a third party. This expressly includes further letting.
What applies if the landlord refuses permission?
You then have the special right to terminate under § 540 para. 1 sentence 2 BGB. You can terminate the tenancy with the statutory notice period. The right lapses only if there is an important reason in the person of the third party.
Is a study abroad semester a reason for a fixed-term lease?
No. A study abroad semester is not a fixed-term reason under § 575 BGB, so the contract does not end automatically. How a fixed term works is explained in our guide to fixed-term leases for students.
Where can I get help with questions about the contract?
A tenants’ advice service, such as a tenants’ association or the social counselling service of your student services organisation, can go through the contract with you. Bring the tenancy agreement and your correspondence with the landlord.
Must I pass on the tenancy rules to the person?
It is sensible to tell the person the main duties from the tenancy agreement, such as house rules, quiet hours and heating and ventilation habits. This helps avoid disputes that the landlord would otherwise raise with you as the tenant. A tenants’ advice service can help you put these points together.
Who is liable if the person damages the flat?
Towards the landlord you remain responsible as the tenant, as long as the contract is with you. The agreement with the person who uses the flat should therefore state clearly who covers damage. Record the condition of the flat at handover and on return, for example with photos and a short protocol.
What to do now
- Check the contract to see whether subletting or a temporary sublet is covered.
- Ask the landlord for permission in writing and name the period and the person.
- If the landlord refuses, record this in writing and check the termination with the statutory notice period.
- Before you leave, clarify who is the contact person for the landlord.
Subletting, temporary sublets and head tenancy
With a temporary sublet you hand the flat over to another person for a limited time while you remain the tenant. The landlord therefore stays your contract partner. How the roles work in a shared flat is explained in our guide on the difference between head tenant and subtenant (in German).
For you as a tenant abroad, two questions matter most: who is the contact person if something goes wrong, and who is liable towards the landlord. Settle these points before you consent and record them in writing.
What to put in your request to the landlord
- The period of the sublet, with start and end date.
- The name of the person using the flat and a way to contact them.
- Who takes over keys, service charges and contact duties.
- A request for written consent and a reply by a set date.
A template helps with the wording, but it does not replace checking the tenancy agreement.
Related guides
- Living while studying: rent, shared flats, halls and housing benefit
- Temporary subletting for students
- Study abroad in Italy: health insurance, visa, costs 2026 (in German)
- Health insurance during a study abroad semester (in German)
- Fixed-term lease for students in Germany
Sources:
Last updated: November 2026. This guide is general information, not individual advice.
