Lease#Sublease

Sublet refers to the ratio between the tenant of a thing and a person to whom the matter was re-rented. The subtenant is therefore not a party to the owner, but has entered into a sublease with the tenant of the matter. The main rented the thing or in apartments, only a part of the apartment further.

The sublease required by § 540 BGB always the consent of the landlord. Basically, the landlord such consent must not be obtained. If it is, however, a retroactive and only partially sublet an apartment, the landlord may only withhold approval under § 553, if the sublease is unreasonable for him.

If the landlord's permission to sublet not been obtained, the tenant may be liable for damages. In addition, this is an extraordinary dismissal.

For the evacuation of an apartment, according to a judgment of the Supreme Court requires a separate clearance title against the subtenant.

Deviating from the term lodger is also often used for the inhabitants of underperformance in their own homes in multi-family houses. In the official context, this terminology is, however, wrong or at least misleading.