Tenants who wish to sublet a room or even their entire apartment to other people require the consent of their landlord. Subletting is strictly regulated, and anyone who does not comply with the regulations risks termination of their lease in the worst case. There are also strict rules for short-term rentals of vacation apartments/Airbnb to tourists. In Baden-Württemberg, this is also regulated at the municipal level, which is why the rules in Tübingen, for example, are different from those in Reutlingen.
Landlord must agree
Without the permission of the house or apartment owner, a tenant may not sublet the apartment or parts of it. This is regulated in the tenancy law of the Civil Code. However, tenants often have a right to sublet if they have a “legitimate interest.” This could be because they currently have less money or are living abroad for a few months. In principle, however, landlords can object – for example, if subletting would result in too many people living in one apartment or if trouble is to be expected from the subtenant. Landlords can also make permission conditional on a rent increase.
Declare citizen’s income and housing allowance
If you receive citizen’s income or housing allowance and sublet your living space, this income must be reported to the authorities—it will be taken into account in the calculation. This is stated, among other things, in the official Jobcenter form “Anlage EK” (Appendix EK) of the Federal Employment Agency, in which income from (sub)letting is explicitly mentioned.
Profits not allowed
Anyone who sublets their apartment or parts of it at such a high price that they earn more than they pay themselves cannot hope for the landlord’s consent and risks being evicted. This was decided by the Federal Court of Justice (BGH). A man from Berlin had his lease terminated by his landlord after he sublet his apartment for more than double his rent. The highest judges ruled in favor of the landlord.
Airbnb/Vacation Rentals
Baden-Württemberg wants to prevent more and more apartments from being rented out on a permanent basis and instead being offered as vacation rentals on a temporary basis. According to the Ministry of Regional Development and Housing (MLW), the law allows cities and municipalities with a tight housing market to enact their own statutes (statutes prohibiting misuse) and to set local requirements for short-term rentals—such as registration, approval, or time restrictions. Violations can be expensive. According to the MLW, fines of up to €100,000 are possible for violations of licensing requirements. Anyone who ignores registration and information requirements risks fines of up to €50,000.
Tübingen stricter than Reutlingen
According to the city administration, a statute on misuse of property has been in force in Tübingen since 2022. This has made it more difficult to rent out vacation apartments. The city also considers regular short-term rentals as vacation apartments via platforms such as Airbnb to be “tourist accommodation.” The city points out that without separate permission, at least 50 percent of the living space may not be used for short-term rentals for more than ten weeks per year. Apartments that were already being rented out as vacation rentals before 2022 require permission from the city.
According to an official document for the Baden-Württemberg state parliament (printed paper 17/7800), Reutlingen has not enacted any regulations prohibiting misuse. However, the landlord’s consent to subletting is still required.
See:
Tübingen (city information on tourist accommodation/change of use):
https://www.tuebingen.de/35922.html
Reutlingen / State Parliament of Baden-Württemberg (printed paper 17/7800):
https://www.landtag-bw.de/resource/blob/502820/280708110a21c55fe039c729d48278c5/17_7800_D.pdf
MLW Baden-Württemberg (prohibition of misuse and fines):
https://mlw.baden-wuerttemberg.de/de/bauen-wohnen/wohnungsbau/zweckentfremdungsverbot
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