Drafting a Nachmieter Proposal - Tenant Rights Germany
As a tenant in Germany, students often face the challenge of submitting a Nachmieter proposal correctly when terminating early. Without a lawyer, it is important to know deadlines, form, and supporting documents so the proposal is legally effective and your liability is reduced. This article explains step by step which details a Nachmieter proposal should contain, how a sample letter is structured, which deadlines to observe, and how to securely store documents. We cite relevant sections of the BGB, show practical phrasings for students and give concrete tips for negotiations with the landlord. At the end you will find frequently asked questions and an easy-to-follow submission guide.
When is a Nachmieter proposal useful?
A Nachmieter proposal is useful if you want to move out before the end of the notice period and the rental agreement does not clearly regulate replacement tenants. With a suitable proposal you can persuade the landlord to waive continuation of the notice period. The general obligations of the tenancy under the German Civil Code (BGB)[1] and the specific contractual agreement with the landlord are relevant.
Drafting rules and sample letter
When writing, be clear, concise and complete. State the date, your contract details, proposed replacement tenant with contact details, desired handover date and briefly explain why the replacement tenant is suitable (studies, employment, proof of creditworthiness). Emphasize that you are willing to allow viewings and to meet deadlines. Refer to legal basics if necessary and indicate that you are informing on time.
Example: short sample letter (excerpt)
Dear Mrs/Mr [Landlord], I hereby propose Ms/Mr [Name] as a replacement tenant for the apartment [Address]. Contact: [Phone, Email]. Proposed handover date: [Date]. Ms/Mr [Name] is a student / employed at [Employer] and will provide proof of creditworthiness. I request consent to terminate the tenancy early on the stated date. Sincerely, [Your Name]
What to watch: evidence, deadlines and communication
- Attach creditworthiness documents for the replacement tenant and keep copies safe.
- Send the proposal in writing by registered mail or by email with read receipt.
- Clearly state deadlines and handover dates and confirm appointments in writing.
- Provide contact availability for questions and coordinate viewing appointments.
If the landlord refuses or does not respond
If the landlord refuses without objective reason or does not respond, you should follow up in writing and set deadlines. In conflicts, court action may be relevant; jurisdictions are regulated by the courts and proceedings follow the Civil Procedure Code (ZPO)[2]. In many cases, it is worthwhile to document all contacts and offers before filing a lawsuit. For important tenancy law precedents, decisions of the Federal Court of Justice (BGH) can provide guidance.[3]
FAQ
- Can I submit a Nachmieter proposal as a tenant?
- Yes, you can submit a Nachmieter proposal at any time; however, the landlord is not automatically obliged to accept it unless contractually agreed otherwise.
- What must the sample letter include?
- The letter should include date, contract details, name and contact details of the proposed replacement tenant, proposed handover date and proof of creditworthiness.
- What happens if the landlord rejects my proposal?
- If rejected, you generally remain responsible until the end of the notice period; review your contractual options and document all contacts before considering legal action.
How-To
- Check deadlines: read your tenancy agreement and note the notice period and intended move-out date.
- Gather documents: assemble creditworthiness proof, ID and references of the replacement tenant.
- Draft the letter: create a clear Nachmieter proposal with all details and propose a date.
- Send and document: send by registered mail or email with read receipt and document responses.
- In disputes: set a deadline, follow up in writing and consider legal advice.
