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STEP

The Sublease Contract and Shared-Flat Traps

A written sublease protects both sides. Two truths: you remain liable to the landlord, and your subtenant gets the Wohnungsgeberbestätigung from YOU.

✓ Verified: 18/07/2026

WHAT TO DO

Settle separately who is liable for damage. The main tenant’s private liability policy does not extend to a subtenant — they need their own. Otherwise a broken sink or water damage next door becomes a dispute between the two of you, while towards the landlord you are liable either way.

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Haftpflicht for everyone in the flat →

Why the main tenant's policy does not cover a subtenant and what your own costs.

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The Wohnungsgeberbestätigung for your subtenant →

As the accommodation provider you must issue it — filled in a minute.

Route complete ✓
› Details and tips
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Max recommends:

I used a written sublease with a furniture inventory and meter readings at move-in: at move-out the scratched-table dispute closed in a minute with the inventory photos.

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Lea recommends:

Issue the subtenant a Wohnungsgeberbestaetigung for their registration — that is now your duty as the host. Refusing is finable, and their registration does not harm your status.


FREQUENTLY ASKED QUESTIONS

The subtenant does not pay — but I owe the landlord. ▾

Your full rent duty does not depend on the subtenant. Hence a deposit and a contract with precise terms are mandatory — terminating a sublease follows general tenancy rules.

May I charge the subtenant more than my rent? ▾

Surcharges for furniture and services are allowed within limits; in rent-brake cities excess invites clawbacks. A transparent calculation in the contract prevents disputes.

Do I have to tax the sublet income? ▾

Yes, in principle subletting income is taxable (§ 21 EStG) — with the proportional costs deductible. For merely temporary subletting of a part it stays tax-free if the income does not exceed 520 € a year. Otherwise, into the tax return.

The subtenant will not leave — change the lock? ▾

No: subtenants enjoy full tenant protection — it takes a termination and, if refused, a court. Fix the duration and move-out terms in the contract from day one.

OFFICIAL SOURCES