Subletting a home: Untervermietung
An Iranian tenant in Germany generally needs the landlord’s permission before subletting. A later legitimate interest in sharing part of the home can support a right to permission under § 553 BGB, subject to exceptions; this is not an automatic right to sublet the whole home.
Step by step
- Request permission before useDescribe the proposed person, space and reason to your landlord, clarify permission and any conditions, then document the authorised subletting arrangement.
A partial sublet can be refused where the law permits, including overcrowding or serious reasons concerning the proposed person. In certain cases permission may depend on an appropriate rent increase. Explain the actual arrangement instead of treating a short letting and a permanent roommate as identical.
The main tenant remains responsible for the subtenant’s fault in using the home under § 540. Ask for permission before handing over use, retain the response and agree clear subletting terms. These tenancy rules apply to an Iranian tenant too; nationality does not replace permission.
