Checklist: Propose Replacement Tenant – Tenants Germany

As a tenant in Germany, you may face the question of proposing a replacement tenant when moving out early or trying to ease termination. This guide explains in plain language which steps make sense, what rights and obligations you have, and how to organize deadlines, documents, and communication practically. We explain when a replacement tenant can reduce your liability, what you should offer the landlord in writing, and which documents help as evidence. This keeps you capable of acting, protects your deposit claims, and increases the chance of an amicable solution without court proceedings.

When is it worth proposing a replacement tenant?

A replacement tenant makes sense if you want to move out before the end of the notice period or if the tenancy contract provides a replacement-tenant clause. A suitable replacement tenant can persuade the landlord to release you earlier from the contract if they offer the same or better conditions. Make sure the replacement tenant is solvent and interested in a long-term takeover.

Rights, obligations and legal basics

There is no legal right for a tenant to force a replacement tenant; the landlord can accept or refuse. Important legal bases are the tenancy rules in the BGB and procedural rules in civil procedure for disputes.^[1][2]

What the landlord may check

The landlord may request proof of solvency and check standard documents. However, they may not discriminate based on impermissible criteria. If rejected, a written explanation is helpful for possible renegotiation.

Practical checklist: proposing a replacement tenant

• Collect complete documents: credit report, proof of income, ID.
• Prepare a letter to the landlord: replacement tenant name, move-in date, contact details, list of attachments.
• Observe deadlines: check notice period and present proposals to the landlord in time.
• Resolve outstanding amounts: settle unpaid rent or utilities before handover date.
• Repairs and handover: plan cosmetic repairs and a protocol for the handover.
• Schedule handover: confirm date, time and key transfer in writing.

How to make the offer formally

A formal proposal can be made by letter or e-mail; written form is always preferable. Name all documents and ask for feedback by a specific date. If the landlord agrees, record the conditions in writing.

If the landlord refuses

In case of refusal, ask for reasons and try offering alternatives, e.g., a guarantor or higher deposit. If the refusal seems unjustified or discriminatory, seek legal advice and consider court options.^[3]

FAQ

Can the landlord refuse a proposed replacement tenant?

Yes, the landlord can refuse a replacement tenant, especially if there are legitimate doubts about solvency.

Do I have to pay outstanding rent before a replacement tenant takes over?

Outstanding rent generally remains your responsibility; a replacement tenant only relieves you if landlord and replacement tenant agree on that.

Is there an official form for proposing a replacement tenant?

There is no mandatory nationwide form; however, the proposal should be in writing and include all relevant proofs.

How-To

1. Preparation: Gather all documents of the replacement tenant.
2. Create offer: Draft a short formal cover letter with an attachments list.
3. Contact: Send the offer by e-mail and letter and request confirmation.
4. Set a deadline: Request a reply by a specific date.
5. Arrange handover: After approval, plan key transfer and handover protocol.

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH) - official decisions

1. [1] §§ 535–580a BGB — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] Bundesgerichtshof — Decisions