Proposing a Successor Tenant: Renters in Germany
As a renter in Germany, proposing a successor tenant can ease the termination process, but graduated (staffel) rent involves special rules. This checklist explains step by step which rights and obligations you must observe, which deadlines apply and which official forms are useful. You will learn how to present a viable successor tenant, which information is important in a handover meeting and how to collect documents securely. Practical examples show when the landlord must agree and when a successor tenant has no effect on the graduated rent. At the end you will find notes on proceedings before the local court and links to official legal texts and templates.
What does "proposing a successor tenant" mean?
A successor tenant is a person who enters an existing tenancy or takes over the rental unit after your move-out. Proposing a successor tenant is an offer to the landlord to name someone who could take over the apartment; it does not automatically give the tenant the right to an early termination of the tenancy. Contractual terms, especially for graduated rent, and the statutory situation under the BGB are decisive.[1]
Checklist: Documents and preparation
- Copy ID card or passport of the successor tenant.
- Request Schufa report or proof of solvency from the successor tenant.
- Include employment contract or income statements.
- Obtain a rent arrears-free certificate from the previous landlord.
- Photodocumentation of the apartment (meter readings, damages, condition).
Formal steps: Termination and templates
If you want to terminate, a simple termination letter is usually sufficient; however, templates can provide orientation. Forms and templates from the Federal Ministry of Justice explain how a termination letter can be structured and which details are required (date, address, termination reason in special cases). Use a clear letter and send it by registered mail or deliver it personally against a receipt.[2]
How do landlords usually respond?
Landlords check proposed successor tenants regarding solvency and reliability. If the landlord accepts a successor tenant, this can enable an amicable succession; if he refuses, he must justify the refusal, especially if there are no factual reasons. If there is a dispute about acceptance, resolution before the local court may be necessary.[3]
Practical examples
- Example 1: Tenant A gives regular three-month notice and proposes successor tenant B; landlord requests solvency proofs.
- Example 2: With graduated rent, the graduated rent remains in effect even if a new tenant moves in, if contractually agreed.
FAQ
- Can I end the contract early by proposing a successor tenant?
- Not automatically. The landlord may agree, but is only obliged to accept under certain contractual or legal conditions.
- Does graduated rent continue when a successor tenant moves in?
- Yes, the graduated rent agreement continues as long as it is contractually binding in the lease.
- Where can I turn if the landlord refuses?
- Contact tenant advice first or consider clarification at the competent local court; document all evidence and correspondence.
How-To
- Check deadlines and write termination; sending by registered mail or personal handover is recommended.
- Choose a successor tenant and prepare full documents (ID, solvency, income proof).
- Arrange viewing and photographically document the condition.
- Obtain written confirmation from the landlord about acceptance or refusal.
Help and Support / Resources
- Gesetze im Internet: BGB §§ 535–580a
- Federal Ministry of Justice (forms & guidance)
- Federal Court of Justice: tenancy law decisions
