Read news from:
Austria
SHARE
COPY LINK
For members

RIGHTS

What you need to know if you sub-let in Germany

Many foreigners in Germany end up living as subtenants. It is often more convenient - especially for those of us staying for just a short while - but it also comes with risks. So what are your rights? We take a closer look.

Published: 11 June 2020 16:53 CEST
Updated: 26 December 2021 08:52 CET
What you need to know if you sub-let in Germany
Signing a contract. File photo: DPA

Expats decide to enter sub-tenancy agreements for various different reasons. If you’ve just moved to the country as a young professional you often move into a room in a Wohngemeinschaft (WG or shared flat) as your first step to finding your feet in the country. More often than not you sign an Untermietvertrag (sub-contract) with the Hauptmieter (main tenant) rather than dealing directly with the landlord.

To be clear. if you haven’t personally signed a contract with the landlord (or more commonly with the Hausverwaltung), you are a sub-tenant.

Others decide they want a furnished apartment – and the way things work in Germany – that normally means subletting an apartment from someone who is out of the country for a year or two.

Sub-letting is convenient: you can find a place relatively quickly and you don’t need to go through all the complicated paperwork of proving your finances are in order.

Unsurprisingly, though, it can make you more vulnerable to the whims of the main tenant or landlord. Here is what you should know to ensure you avoid ugly arguments with those you live with.

READ ALSO: Here’s where rents are falling and going up in Germany

Signing the contract

Legally you don’t need to sign a contract as a sub-tenant – a verbal agreement counts. But the devil is in the detail – so all tenant associations strongly urge you to put the agreement down on paper.

The main tenant will most likely download a standard template from the internet. These contracts are normally fairly thin on detail though, only giving the address of the property and details of notice of cancellation of contract.

Before you sign the contract it is advisable to ask whether the main tenant has received permission from the landlord to sublet the room. If they have not received this permission and the landlord finds out, then he has the right to cancel the original contract immediately – meaning you’ll end up on the street with all your belongings before you know it.

On your side, you should ensure with a furnished property that the washing machine etc are listed in the contract and that a clause is inserted stating that they are in working order.

READ ALSO: Know your rights: The advice you need about renting in Germany

             A student searches for flat-share. Photo: DPA

The level of the rent

Somewhat strangely given how regulated rents are in Germany, the main tenant can charge you whatever they like as the rent. So it is important to inform yourself first on what a typical rent is in the area you are staying.

If they are demanding a level of rent that seems too high for the property you are moving into, it is probably best to walk away. Who knows what other surprises they have in store for you further down the road?

The main tenant’s responsibilities

Whatever happens, the main tenant is ultimately responsible for damages in the apartment – they are the ones who have a legal agreement with the actual owner and ultimately they are liable for property damage. This means that a Hauptmieter could well demand that you have a Haftpflichtversicherung (liability insurance) before signing a contract with you.

The main tenant has to ensure that the rooms you move into are in the condition set out in the contract. Any paragraph inserted into the contract which tries to get them out of this responsibility is legally null and void.

If you find that something is not working – eg the washing machine is broken – you have a right to pay only part of the rent until it has been fixed. In other words: the main tenant is responsible for the upkeep of the apartment, not you.

The main tenant also isn’t allowed to terminate the contract with the landlord if that would lead to a breach of his contract with you. He also isn’t allowed to try and provoke the landlord into cancelling the contract by not paying the rent. If you are kicked out because the main tenant hasn’t kept up to date on payments then they are legally obligated to cover your moving costs.

Staying warm in winter

The main landlord must provide heating between October and April. If heating is not provided in your house then you have the right to pay reduced rent to the main tenant until the problem is rectified. The main tenant must then take the problem up himself with the landlord.

Cancelling the contract

This is the aspect of subletting that causes the most conflict. What if for whatever reason the main tenant decides they don’t want you living in the apartment anymore? Whatever they claim, they are not allowed to kick you out from one day to the next.

The exact length of a Kündigungsfrist (notice period) depends on the type of rooms you rent. Here’s the breakdown.

Was the room empty when you moved in? That means you have fairly strong rights. You yourself have to give the main tenant three months’ notification – and you have to notify them by the third day of the month. For example if you notify them by June 3rd you are tied to the contract until August 31st.

For an unfurnished room the main tenant has to give you six months’ notice unless they have good reason to cancel the contract – i.e. you have broken your side of the bargain. And if you’ve lived there for more than five years that period of notification is even longer.

SEE ALSO: Renting in Germany – What you need to know

For furnished apartments the period of notification is much shorter. Both parties can give notification of just two weeks – and they don’t need to provide any reason for doing so.

Taking over the contract

Imagine this: you are subletting the perfect apartment with a view over the city and the main tenant decides she doesn’t want to live there anymore. Perfect you might think – you can take it over and have it for yourself. Well unfortunately, your dreams might be dashed by reality.

Living in the apartment as a subtenant does not give you any privileges when it comes to taking over the contract. As long as they give you the required period of notification your time’s up. Legally you have never had a relationship with the landlord so they have no legal responsibilities towards you.

So if the landlord wants everyone to move out so they can find new tenants on increased rent, they have every right to do so.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

RENTING

How a German ‘Mieterverein’ can help you reduce your rent

If you're renting in Germany, you may have heard about a tenants' association - or Mieterverein. But you may not be aware that joining one could help save you money in the long run.

Published: 10 September 2024 11:17 CEST
How a German 'Mieterverein' can help you reduce your rent

There’s a truism that applies to many areas of life in Germany: there are plenty of rules and legal protections, but the vast majority of people don’t know them.

This feels particularly real when it comes to the world of renters’ rights. As a nation that generally prefers to rent than to buy, Germany has a huge range of in-built protections for tenants – but that doesn’t always stop landlords from bending the rules. 

The best way to make sure you’re getting a fair deal is to try and get familiar with your rights, or enlist the help of somebody who knows them inside-out.

That’s where the concept of the Mieterverein, or tenants’ association, comes in. These member-only organisations are there to advocate for the rights of tenants, keeping illegally high rents and other dodgy practices in check for renters in Germany. 

These types of associations can be a life-saver for foreigners who may struggle with the German language and German law, and could even help you save money in the long run. 

What is a Mieterverein?

A Mieterverein, or tenants’ association, is exactly what it sounds like: an organisation that stands up for the rights of tenants. It works by offering affordable memberships for renters – usually costing somewhere between €50 and €100 per year – which is then used to provide legal advice and representation, as well as advocacy and lobbying work. 

Ultimately, the idea is about strength in numbers. Instead of a single tenant taking on a big landlord like Vonovia or Deutsche Wohnen, a collective approach gives renters both more bargaining power and more resources.

Following this principle, many of the regional Mietervereine have clubbed together to create tenants’ associations in their state, which ultimately belong to the Germany-wide umbrella association, the Deutscher Mieterbund (DMB).

There are 320 associations currently active in the DMB, with the largest being the Berliner Mieterverein with more than 190,000 members. This is followed by Hamburg, with 78,000 members, and Munich, with 63,000. 

READ ALSO: How foreign residents in Germany are winning rent reductions

Members rely on tenants’ associations to assist with anything to do with Germany’s tenancy law. That means poring over rental contracts, ironing out difficulties with landlords, challenging rent increases or overly high rents, and fighting unfair or illegal evictions.

Of course, one of the most compelling reasons to join is to keep high rents in check – and find out if you could be eligible for a reduction. 

How can a Mieterverein help lower my rent?

Though it may not always feel like it, the vast majority of areas with a tight housing situation in Germany are subject to fairly stringent rental controls, known as the Mietpreisbremse.

These controls were mandated in a 2015 law that has recently been extended to 2029. Though there are some loopholes, the rules generally dictate that cold rents should be no more than 10 percent above the average rent for comparable properties in the same neighbourhood.

READ ALSO: German rent brake to be extended until 2029: What you need to know

The ways for calculating this are complicated but all you really need to know is that they are based on something called the Mietspiegel: a huge table charting the average rent prices based on factors like a property’s size, location, age and facilities. 

Berlin prenzlauer Berg

Flats in the Berlin district of Prenzlauer Berg. Photo: picture alliance/dpa | Monika Skolimowska

One service tenants’ associations can offer is to compare your rent against the Mietspiegel to see if you’re being charged too much. 

To do this, they’ll look at your contract and ask you a series of questions about your rental property. If it turns out the rent is illegally high, Mieterverein lawyers can help you draft a letter to officially challenge your rent and ask for it to be reduced.

Some tenants’ associations also offer legal protection insurance (Rechtsschutzversicherung) as part of their memberships, which can help you deal with any issues that may arise with the landlord later on. 

What about annual rent increases?

In most cases, these can be disputed as well. Under the Mietpreisbremse rules, rents can be raised by a maximum of 20 percent in the space of three years. This can be good grounds to challenge a big annual increase in rent – but it isn’t the only way. 

The legal representatives at your local Mieterverein will be able to help you dispute increases in rent, as long as you don’t agree to these increases straight away.

Once again, the increases may be based on a shaky foundation of illegally high rents to start with, so it’s always worth getting everything checked over in full by a qualified lawyer.

It’s also worth keeping an eye on any issues with your apartment, such as broken fixtures and fittings, because these can be grounds for a rent reduction until the problem is fixed.

READ ALSO: How to get a rent reduction for problems in your German flat

Advisors at the Mietervereine will not only be able to tell you what are grounds for a Mietminderung (temporary rent reduction), but also how much you could be entitled to. 

SHOW COMMENTS