How Tenants Submit Replacement-Tenant Offers in Germany
As a student tenant in Germany, submitting a replacement-tenant offer can help reduce obligations when you resign your lease. This guide explains clearly when such an offer makes sense, which formalities and deadlines to observe, and which proofs landlords typically expect. You will find practical examples specifically for students on how to draft a legally safe letter, collect photos and documents, and what role the local court or the relevant sections of the BGB play[1]. For complicated cases we show when legal advice or court clarification under the ZPO is appropriate[2]. The aim is that you act with more confidence and better protect your rights during a tenant resignation in Germany.
What is a replacement-tenant offer?
A replacement-tenant offer is the resigning tenant's proposal to provide a suitable substitute tenant so that the original tenant can be released from the contract earlier. It can be particularly useful for students who must move quickly but do not have a large pool of potential successors.
When is a replacement-tenant offer useful?
- When you want or need to move out before the end of the notice period.
- When the tenancy agreement contains a successor clause or the landlord is generally open to replacement tenants.
- When you can present a suitable and verifiable candidate (creditworthiness, studies/work, references).
Formal steps and deadlines
Follow clear steps: propose in writing, attach contact details and a self-disclosure, collect proof of creditworthiness and student certificate, and set a deadline for response. In the letter, give a realistic response time of about 14 days unless otherwise agreed.
Which documents are useful?
- Proof of creditworthiness or SCHUFA extract of the proposed tenant.
- Written self-disclosure with contact details and proof of study/work.
- Photos of the flat (condition) and handover records, if available.
Practical cases for students
Case 1: You resign due to a change of study location and find a replacement tenant within a few weeks. Send the landlord a short letter with name, contact, reason, attached self-disclosure and credit proof. Request written confirmation within 14 days.
Case 2: The proposed tenant is a student without a SCHUFA entry. Include additional evidence (parental guarantee, student certificate). Sometimes a solvent guarantee is sufficient for the landlords consent.
If the landlord refuses
The landlord may refuse a replacement-tenant proposal only for objective reasons, such as poor creditworthiness or unlawful occupancy. Document the refusal in writing.
Court steps and jurisdiction
If no agreement can be reached, the local court (Amtsgericht) is responsible for tenancy disputes such as eviction actions; higher instances include the Landgericht and, for precedent, the Federal Court of Justice (BGH)[3]. Procedural rules are found in the ZPO[2].
FAQ
- Can I simply propose a replacement tenant as a tenant?
- Yes, in principle you can propose a replacement tenant; however, the landlord's consent is required and may only be refused for objective reasons.
- What deadline should I set for the landlord to review?
- An appropriate deadline in practice is about 14 days, unless the tenancy agreement states otherwise.
- Which courts are competent in disputes over replacement-tenant proposals?
- For tenancy disputes, the local courts are usually competent; appeals go to the regional court and, if applicable, revisions to the Federal Court of Justice.
How-To
- Write a clearly structured replacement-tenant proposal with name, contact details, desired handover date and a deadline for reply.
- Set a deadline (e.g. 14 days) for the landlords review.
- Attach all relevant proofs: self-disclosure, creditworthiness, student certificate or guarantee.
- Arrange a viewing with the proposed replacement tenant if necessary.
- If the landlord unreasonably refuses: document everything and consider proceedings at the local court.
Help and Support / Resources
- BGB: Civil Code (important for tenancy law)
- ZPO: Code of Civil Procedure (court procedures)
- Federal Court of Justice (BGH) – decisions and information
