Am I allowed to sublet my flat?
Part of it, yes — with permission and a good reason. Under §553 you can demand the landlord's permission to sublet part of the flat if a legitimate interest arose after signing — e.g. a job move, a longer stay abroad, a separation or financial reasons. The Federal Court clarified in 2026 (VIII ZR 228/23): profit-driven subletting that clearly exceeds your own housing costs is not a legitimate interest. The whole flat may not be handed over without further ado. Without permission, a warning and termination loom.
📋 The rules
- For part of the flat: right to permission on a legitimate interest (§553)
- The interest must arise after signing (job, separation, finances, abroad)
- You need the landlord's permission before subletting
- Profit-driven subletting is not covered (Federal Court 2026)
- The whole flat may not be handed over permanently without consent
- Short-term letting to tourists (Airbnb) is a separate matter (misuse of housing)
🔓 Exceptions
- Taking in close family (spouse, children) is usually permission-free
- A visit without permanent stay is not subletting
- The landlord may refuse permission for good cause (e.g. overcrowding)
⚠️ Penalties & fines
Subletting without permission lets the landlord warn you and, if continued, terminate (ordinarily, possibly without notice for profit-seeking). You can also be sued for an injunction. If you make unlawful profits, the landlord may in some cases reclaim the extra income.
📎 Official sources
- § 553 civil code · letting to third parties →
- Federal Court · 2026 press release: profit subletting unlawful →
- Berlin Tenants' Association · subletting →
❓ Frequently asked
Can I sublet a room?
Yes, you may sublet part of the flat with the landlord's permission if you have a legitimate interest — e.g. you're moving for work, going abroad, separating or need money. The landlord may refuse only for good cause.
Do I need the landlord's permission?
Yes. You must ask first. With a legitimate interest you have a right to permission for part of the flat. Without permission, subletting is unlawful and can lead to termination.
Can I make money from subletting?
No, not profit-driven. The Federal Court ruled in 2026 that there is no legitimate interest if your subletting income clearly exceeds your own housing costs.
Can I sublet the whole flat?
Not without further ado. The §553 right applies only to part of the flat. For the entire flat you need the landlord's express consent; otherwise a warning and termination loom.
What happens with unpermitted subletting?
The landlord can warn you and, if continued, terminate — possibly without notice for clear profit-seeking. They can also demand an injunction and in certain cases claim the extra income.
🔎 Common searches
What people search to land here:
- “sublet flat permission landlord”
- “§553 legitimate interest”
- “sublet room allowed germany”
- “subletting without permission termination”
- “federal court subletting profit 2026”
- “sublet whole flat”