Student sublets in Germany are only allowed with the landlord’s consent (Erlaubnis), and that consent decides almost everything. Students who move for a semester, an internship or a change of university often want to sublet (Zwischenmiete) their flat for that period. This guide explains when you have a right to consent, where the limits are and what to clarify before you ask. For the wider topic, see the German overview Wohnen im Studium (in German).
Short answer: You generally need your landlord’s consent to sublet your flat (§ 540 BGB). For residential tenancies you have a right to consent if a legitimate interest (berechtigtes Interesse) arises after the contract is signed (§ 553 BGB). The landlord may only refuse for a good reason, if the flat would become overcrowded or if the arrangement is otherwise unreasonable for them. Last updated: November 2026.
The most important points at a glance
- Without your landlord’s consent you may not let the flat to a third party (§ 540 para. 1 BGB).
- In residential tenancies you have a right to consent if you develop a legitimate interest (§ 553 para. 1 BGB).
- The landlord may only refuse consent for one of the reasons set out in the law.
- According to a German Federal Court of Justice (BGH) ruling of 28 January 2026, anyone who earns more from subletting than they pay for the flat cannot rely on a legitimate interest.
- You are liable for fault of your subtenant in using the flat (§ 540 para. 2 BGB).
Can I sublet my flat without consent?
Not without further steps. Under § 540 para. 1 BGB, a tenant may only let the rented property to a third party with the landlord’s consent. This also applies if you only pass on the flat for part of the time. Whether the landlord has to agree depends on whether the conditions of § 553 BGB are met.
If the landlord refuses consent, you may terminate the lease extraordinarily, observing the statutory notice period, unless there is a good reason relating to the person of the third party (§ 540 para. 1 sentence 2 BGB). This right to terminate does not replace consent, however. If you sublet without it, the landlord may terminate your tenancy, as a recent BGH case shows.
When do I have a right to consent?
For residential property, the law grants a right to consent if a legitimate interest arises after the tenancy agreement is concluded and the arrangement concerns part of the flat (§ 553 para. 1 sentence 1 BGB). The landlord may only refuse if there is a good reason relating to the person of the third party, if the flat would become overcrowded, or if the arrangement is otherwise unreasonable for them (§ 553 para. 1 sentence 2 BGB).
| Reason for refusal under § 553 para. 1 sentence 2 BGB | What it means |
|---|---|
| Good reason relating to the third party | Reasons linked to the conduct or the person of the subtenant. |
| Risk of overcrowding | The flat would be too small for the number of occupants. |
| Otherwise unreasonable for the landlord | The arrangement cannot reasonably be expected of the landlord for other reasons. |
The landlord may also make consent conditional on an appropriate rent increase if the arrangement would otherwise be unreasonable for them (§ 553 para. 2 BGB). Agreements that deviate to the tenant’s disadvantage are void (§ 553 para. 3 BGB).
The Federal Court of Justice reads the term “part of the residential space” (Teil des Wohnraums) broadly. It is enough if you do not give up possession of the flat entirely (BGH, judgment of 27 September 2023, VIII ZR 88/22). Even a one-room flat can give rise to a claim to partial subletting (BGH, judgment of 13 September 2023, VIII ZR 109/22).
When is subletting for profit not allowed?
On 28 January 2026 the Federal Court of Justice decided that a legitimate interest is missing if the tenant earns more through subletting than they spend on the flat themselves. The case concerned a two-room flat in Berlin. The tenant’s own net cold rent was 460 euros, and the flat was sublet without consent for 962 euros. According to the ruling, the termination was effective.
The following example shows how quickly a surplus arises. Assumption: you pay 460 euros cold rent and sublet your room for 500 euros. Utility costs are left out of this calculation.
| Item (assumption) | Amount |
|---|---|
| Your cold rent | 460 euros |
| Income from subletting | 500 euros |
| Surplus over your housing costs | 40 euros |
The ruling looks at the income that exceeds your flat-related expenses. Whether a specific case falls on the same side depends on all the circumstances. If you are unsure, get advice before you make the request.
What should the sublet agreement contain?
Even if the landlord agrees, you should record everything with your subtenant in writing. This avoids disputes when the arrangement ends. The table below lists the key points.
| Point | What you should clarify |
|---|---|
| Period | Start, end and whether it can be extended |
| Consent | Written approval from the landlord as proof |
| Rent | Amount, share of utility costs and payment method |
| Deposit | Whether and how the subtenant provides security (see the German guide on the student deposit, in German) |
| Damage | Who is responsible for damage to the flat |
Sublets during a change of semester: typical situations
Many students sublet a room or flat for a fixed period, for example during an internship or when they move to another university. In these cases the legitimate interest is often easy to see, because the move is temporary. The landlord is more likely to agree if you clearly explain the period, the identity of the subtenant and the type of arrangement.
The picture changes if subletting mainly serves to generate income. The BGH ruling shows that no legitimate interest then arises. If you cover your housing costs through subletting, you quickly approach the limit.
Frequently asked questions
Do I have to ask my landlord first?
Yes. Under § 540 para. 1 BGB, consent has to be obtained before the flat is let to a third party. Make the request in text form and name the period and the subtenant. That gives you proof if a dispute arises later.
Can I charge more rent than I pay myself?
That is the core of the BGH ruling of 28 January 2026. Income beyond your flat-related expenses argues against a legitimate interest. The rent should therefore not exceed your own costs. Read the ruling to see how the court weighed the facts.
Who is liable for damage, the subtenant or me?
You must accept the fault of the third party in using the flat. § 540 para. 2 BGB provides that the tenant is responsible for the third party’s fault, even if consent was given. Set out damage and obligations in writing and check which insurance covers the flat.
Does this also apply to a one-room flat?
Yes. According to the BGH judgment of 13 September 2023 (VIII ZR 109/22), a claim to partial subletting can also exist in a one-room flat. The courts interpret the term “part of the residential space” broadly.
Can I terminate if the landlord refuses?
Under § 540 para. 1 sentence 2 BGB you have a special right to terminate if the landlord refuses consent without a good reason relating to the third party. The termination must observe the statutory notice period. Before you terminate, consider advice, for example from a tenants’ association.
What to do now
- Check whether you genuinely have a legitimate interest and note the period.
- Submit the request for consent in writing and state your reason.
- Clarify whether you earn more from subletting than your own housing costs.
- Agree on rent, deposit and damage with your subtenant in writing.
- If the request is refused, check the reason before you terminate, and get advice.
Related guides
- Student Housing in Germany: Rent, Shared Flats, Halls and Housing Benefit
- Kündigungsfrist im WG-Zimmer: Wann du ausziehen kannst
- Can My Landlord Do That? Common Questions from Students
- Flat Hunting as a Student in Germany: Your Rights and Duties
Sources: § 540 BGB (German) (as of November 2026), § 553 BGB (German) (as of November 2026), Federal Court of Justice, press release no. 024/2026 on judgment VIII ZR 228/23 (German) (28 January 2026).
Last updated: November 2026. This guide is general information, not individual advice.
