Subletting your flat or room can be an excellent solution for students and young professionals who plan to be away for a semester abroad, an internship, or other commitments. It allows you to share costs, maintain your accommodation, and ensure your space is utilized. However, subletting involves specific responsibilities and legal considerations. Here's what you need to know before offering your flat or room for subletting.

1. Subletting Rights and Responsibilities

Before subletting, it's crucial to understand what is permitted under law and your rental agreement.

Flat vs. Room Subletting

• Flat: If you are subletting an entire flat, the landlord's consent is mandatory.

• Room in a Shared Flat: If you are subletting your room in a shared flat, you not only need the landlord's permission but also the agreement of your flatmates. Subletting impacts their living environment, so open communication and mutual agreement are essential.

Landlord’s Consent

• Legal Requirement: In Germany, you must obtain your landlord's written permission to sublet. Failing to do so can result in lease termination.

• Legitimate Reasons: Landlords generally cannot refuse subletting if you have a valid reason, such as financial hardship, a semester abroad, or an internship in another city. If you want to sublet your entire flat, a landlord may refuse, as the law only allows you to sublet part of it. However, it is usually sufficient if you still have furniture in one room or use a room occasionally.

• Limitations: Subletting for profit, to an excessive number of people, or for short-term rentals without explicit consent is prohibited.

Key Tip 💡
Review your rental agreement carefully and discuss the situation openly with both your landlord and roommates to avoid conflicts.

2. Set the Right Price

Pricing your sublet appropriately is essential to attract suitable subtenants and comply with legal standards. It should also be noted that the landlord may increase the rent by up to 20 percent of the sublet amount.

• Overcharging the subtenant more than their proportional share of rent is not allowed unless you are providing furniture or additional services.

• Example: If your rent is €600 for a flat, you cannot charge a subtenant €800 unless there is a justified surcharge.

Key Tip 💡
Transparency in pricing is crucial. Provide a clear breakdown of rent, utilities, and any surcharges to avoid misunderstandings or legal disputes.

3. Find the Right Subtenant

Selecting a trustworthy and compatible subtenant is crucial for a smooth experience.

Screening Process

• Check the profile of the person and look for similar contacts / friendz.

• Conduct interviews and request references to ensure the subtenant is trustworthy and reliable.

• If you are subletting a room in a shared flat, involve your flatmates in the screening process to ensure compatibility. Send them possible profiles and arrange a meeting between them.

• Lifestyle compatibility is particularly important in shared flats. The subtenant should fit the household dynamic to minimize disruptions for everyone.

• You can also approach searchers directly and write to them if you find their profile suitable.

Key Tip 💡
Use trusted networks or platforms such as flatsforfriendz to find subtenants and always meet in person before finalizing an agreement.

4. Formalize the Agreement

A written subletting agreement is essential to outline the terms and protect everyone involved. The contract details should include the following:

• Rent amount and payment terms.

• Duration of the sublease.

• House rules, including noise levels, cleaning duties, and use of shared spaces.

• Responsibilities for damages or utility payments.

You can find and download a subletting agreement that complies with laws in your flatsforfriendz chats. Keep in mind that the subtenants must also respect existing rental terms and house rules.

Key Tip 💡
Consult a legal professional or use a reliable template for the subletting agreement to avoid misunderstandings.

5. Prepare Your Space

Before the subtenant moves in, make sure the flat or room is ready.

• A clean and tidy space creates a positive first impression and sets expectations for how the space should be maintained.

• Document all items and their condition with photos. This helps resolve disputes about damages or missing belongings when the subtenant moves out.

Key Tip 💡
Store personal or valuable items securely elsewhere if you prefer not to share them.

6. Communication with Flatmates

If you’re subletting a room in a shared flat, your flatmates’ agreement is just as important as the landlord’s consent.

• Inform your flatmates early about your plan to sublet.

• Involve them in the process of selecting a subtenant, as they will be living with the person.

• Ensure the subtenant agrees to follow existing house rules, such as cleaning schedules, noise policies, and shared expenses.

Key Tip 💡
Good communication avoids misunderstandings and ensures a smooth transition for everyone.

7. Maintain Communication During Subletting

Once the sublease begins, regular communication ensures everything runs smoothly.

• Periodically check in with the subtenant and flatmates to address any issues promptly.

• Provide the subtenant with necessary contacts for emergencies, including your landlord and repair services.

Key Tip 💡
Establish preferred communication channels and response times to set expectations.

Why Subletting Can Be a Great Option

Subletting offers flexibility and financial relief during times when you're away for an internship, semester abroad, or other commitments. By ensuring compliance with legal requirements and maintaining clear communication with landlords and flatmates, you can sublet responsibly and with confidence.

Whether you are looking for a subtenant for your own flat or a shared flat: At flatsforfriendz, we make the search for the right subtenant efficient and trustworthy.