First things first: Subletting is permitted in Germany!
Subleasing is permitted in Germany. According to Section §§ 540 and 553 of the German Civil Code (BGB) it does require the consent for the sublease from the landlord or property manager.
However, a distinction is made between complete and partial cession of the living space. While the landlord must give his consent to subletting in the case of a partial subletting, the landlord is entitled to refuse permission without giving reasons in the case of a complete subletting.
As long as the rental income only covers your costs, there's a good chance that your landlord will give you consent and allow the sublease. Greater risks apply if you are subletting your apartment for profit or renting it out to tourists by the day.
Be smart: questions & answers
The most common questions
How much rent can/should I demand?
Our recommendation: as much as you pay yourself, including utilities, without surcharge for furnishings.
Do I have to inform my landlord or property manager?
Yes, they must consent to the sublease.
Does the law governing commissions apply to temporary housing and subletting too
Yes, brokers of temporary residences and accommodation agencies are also subject to the new law, which is why we have developed an interesting alternative primarily for private providers with tempoFLAT.
Questions about rental law
For how long can I sub-let my apartment?
As long as the landlord gave consent.
What do I do if the sub-tenant falls into arrears?
Set a payment deadline and threaten termination.
Legal requirements in case of termination
According to German rental law, canceling a sub-/lease contract requires a reason and must be made in writing.
Does the right of cancellation apply to sub-/lease contracts?
The right of cancellation does not apply to private subletters.
Other subjects concerning sublease
Questions about bureaucratic issues
Am I liable for tax on income from the rental payments?
You have to declare the rental income but you don't have to pay tax on it, as long as you don't make a profit.
Do I have to register my subtenant with the local authorities?
No, you don't have to do that yourself, but you are required to confirm the moving in with a confirmation from (Wohnungsgeber-Bestätigung).
What are my obligations as a subletter concerning the energy performance certificate?
Even as a subletter, you need to have an energy performance certificate and present it to interested parties.
Difference between letting via tempoFLAT and Airbnb, Wimdu etc.
What is the difference between sub-leasing with tempoFLAT and Airbnb?
The main difference is that with tempoFLAT, you rent out your apartment at a price that covers only your costs; you therefore will not encounter any issues with your building management, owner or tax authority.
I read in the newspaper that hoteliers and landlords bring cases against people who rent out their apartments privately. Is that true?
Yes, that does happen. But it does not affect you as a provider through tempoFLAT; those cases refer to private individuals who rent their apartments by the day to tourists to make a profit.
No responsibility is taken for the correctness of this information.