Short Answer

Renting out your apartment or room to a third party while you travel without obtaining the explicit written consent of your landlord is a ground for immediate lease termination.

Executing an unauthorized sublet violates the core terms of your rental contract, allowing the property owner to evict you from the premises without utilizing the standard notice periods.

What Most Expats Don't Realize

You went abroad for an extended two-month vacation and listed your room on an online portal to cover your monthly rent obligation while away. The landlord discovered the unrecorded occupant when the subtenant placed their name on the physical mailbox, triggering an immediate contract cancellation for breach of trust. Because you operated an illegal sublet, you returned from your vacation to find your primary lease terminated, forcing you to pay €1,800 for emergency moving services and immediate alternative housing.

What To Do

  • Email a formal "Untervermietung" (subletting) application to your landlord detailing the exact name, ID, and reason for your temporary absence.
  • Check your primary contract to ensure your request aligns with the legal definition of a "justified interest," such as a temporary study abroad or temporary professional relocation.
  • "Ich beantrage die Erlaubnis zur Untervermietung für zwei Monate." (I request permission for subletting for two months.) — send this precise request to your landlord at least four weeks before your scheduled departure date.

The Truth

Germany’s civil code grants tenants the right to sublet portions of their home under specific personal conditions, but leaves the absolute verification authority with the landlord. The system treats undocumented commercial or private transfers of living space as severe contractual violations, executing immediate evictions to protect the property owner's absolute control over their asset.