Tenant: Propose Replacement Tenant in Germany 2025

As a tenant in Germany, life circumstances often change quickly. If you want to leave the lease early, proposing a replacement tenant can be a solution. This text clearly and practically explains tenants' rights and obligations, which deadlines and forms are relevant, and how to avoid conflicts with the landlord. You will receive easy-to-understand steps for selecting suitable candidates, documenting the apartment condition and communicating in a legally secure way. I also name official legal bases and authorities so you can make informed decisions. The guidance is intended for typical residential tenancy situations in Germany and does not replace legal advice in individual cases. Read on for concrete sample wordings and examples.

When is a replacement tenant possible?

A replacement tenant can be possible if the landlord agrees or if the lease contains a replacement clause. Usually the original tenant remains responsible until the contract takeover, until contractual or judicial release occurs. Relevant legal bases are found in the German Civil Code (BGB) regarding duties and termination.^[1] For disputes about eviction or court claims the Code of Civil Procedure (ZPO) applies.^[2]

• Check deadlines (deadline): Observe termination deadlines and contractually agreed handover dates.
• Prepare forms (form): Prepare a termination letter template, handover protocol and tenant self-disclosure.
• Document (document): Take photos, meter readings and create a handover protocol.

Important forms and practical examples

Typical forms tenants use:

• Termination letter (template from the Federal Ministry of Justice): Use when you officially terminate the tenancy; example: "I hereby terminate the tenancy as of DD.MM.YYYY."
• Handover protocol (document): Serves as evidence at the apartment handover; list defects and meter readings.
• Tenant self-disclosure / proof of solvency: Pay slips or SCHUFA printout as proof for proposed replacement tenants.

How to find suitable replacement tenants

Collect applications, check solvency and arrange viewings. Provide the landlord with complete documents and document all agreements in writing. In contested cases, a local court (Amtsgericht) can decide on the release of the previous tenant; for precedents the Federal Court of Justice (BGH) is often decisive.^[3]

• Make contact (contact): Inform the landlord early by email and in writing about proposed candidates.
• Check rent capacity (rent): Request proof of income and payment ability from candidates.
• Arrange viewings (inspect): Coordinate appointments with candidates and landlord and photograph the condition.

What to do if the landlord refuses?

The landlord is not generally obliged to accept a proposed replacement tenant. Reasons for refusal must be factual (e.g. missing solvency). If an improper or unlawful refusal occurs, note reasons and consider legal action; the local court is the first instance for tenancy disputes.

FAQ

Is the landlord obliged to accept a replacement tenant?

No. The landlord must only agree if there is a contractual agreement or special circumstances; there is no blanket obligation.

Which documents should a replacement tenant bring?

Typically: tenant self-disclosure, proof of income, ID and, if applicable, SCHUFA printout and references.

Who decides in disputes about takeover and eviction?

In legal disputes, the local court (Amtsgericht) decides in the first instance; higher instances are the regional court and the Federal Court of Justice for legal questions.

How-To

1. Check the lease and prepare a termination letter (form).
2. Contact the landlord in writing and propose potential replacement tenants (contact).
3. Collect application documents from the proposed replacement tenant (document).
4. Observe deadlines and confirm handover dates (deadline).
5. Create a handover protocol and hand over keys only after written clarification (inspect).

Help and Support / Resources

• BMJ: Forms and templates
• Gesetze im Internet: Federal law (BGB, ZPO)
• Federal Court of Justice: decisions and summaries

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) Mietrecht-Entscheidungen - bundesgerichtshof.de