Subletting in Germany: yes – but not secretly and not without limits. Between the statutory right to sublet and municipal misuse bans lies a field full of traps.
"If, after conclusion of the lease, the tenant develops a legitimate interest in letting part of the living space to a third party, he may demand the landlord's permission to do so."
— § 553 (1) BGB (translated)
What tenants may demand
With a legitimate interest (cost relief, a partner moving in, work abroad), tenants have a claim to partial subletting – a room, not the whole flat. The Federal Court draws the line generously: keeping even a residual share for yourself allows subletting the rest (VIII ZR 349/13). Handing over the entire flat without permission justifies termination after a warning.
Airbnb is not subletting
Permission to sublet does not cover short-term letting to tourists (VIII ZR 210/13). Hosting without express consent risks warning and summary termination.
State misuse laws
Berlin, Hamburg, Munich and others require registration or permits; fines reach €500,000 (Berlin). Registration numbers must appear in listings, and platforms must disclose host data.
Inside a condo association
Per the Federal Court (V ZR 112/18), permitted "residential use" generally includes short-term letting – bans require an agreement of all owners; a majority resolution is not enough. House rules may, however, govern side effects (noise, key boxes).