The order is strict: written permission first, flatmate second. The reverse is the most common cause of warnings and terminations in shared-flat life.
The Landlord Permission: a Right, Not a Favour
With a legitimate interest (§ 553 BGB) the landlord must permit subletting part of the flat. Without written permission you risk termination.
✓ Verified: 18/07/2026
WHAT TO DO
› Details and tips
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Max recommends:
My request went in writing with candidate details: name, job, duration. That package removes the not-enough-information argument — permission came in 9 days.
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Lea recommends:
Airbnb and short-term are a different universe: subletting rules do not apply, many cities require special licences, and fines are five-figure. Do not confuse the regimes.
FREQUENTLY ASKED QUESTIONS
The landlord ignores my request — how long to wait? ▾
Reasonable is 2–4 weeks. Then a written reminder with a deadline; longer silence is read tenant-friendly by courts — but moving the subtenant in before clarity is the worst move.
What counts as a legitimate interest for subletting? ▾
The list is broad: reduced income, a partner moving in, a long secondment while keeping the flat. If the interest arose AFTER signing the lease, that suffices for the entitlement.
The landlord refuses without reasons — accept it? ▾
For a legitimate interest in PART of the flat, refusal needs solid grounds (overcrowding, the candidate). Unreasoned refusals are contestable; ultimately a court can replace the consent.
Can I sublet the whole flat while away? ▾
§ 553 covers only a part while you stay. Full subletting is pure goodwill; Airbnb without permission ends in termination almost certainly.