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.
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.