Propose a Successor Tenant for Index Rent in Germany
If you are a tenant in Germany and need to leave a lease with an index rent early, proposing a successor tenant can help avoid disputes with your landlord. This article explains clearly when a successor tenant is useful, which evidence helps, and how to proceed in writing and within deadlines. We cover termination letters, coordinating with the landlord, required proof of the successor tenant's ability to pay and what to do if the landlord refuses to cooperate. The guidance is practical and names relevant courts and laws so you know when to seek legal help at the local court or higher instances.
When is it worth proposing a successor tenant?
A successor tenant is useful if you must leave before the agreed notice period ends or if the contract contains an index rent clause and the landlord requires a replacement tenant. Key are the contract terms about index rent and the proposed tenant's actual ability to pay. In many cases this can prevent an eviction lawsuit.
How to formally propose a successor tenant
Your proposal should always be in writing and include: the successor's name and contact details, proof of income or a rent debt clearance letter, proposed move-in date and a statement that the applicant accepts the current index rent. Offer to coordinate viewings and attach copies of the proofs.
- Propose in writing: Draft a short letter with all contact details and attach proofs.
- Attach evidence: Payslips, rent debt clearance certificate or SCHUFA are useful.
- Specify deadlines: Give a concrete date for viewing and for the move-in.
- Coordinate: Offer to organize handover and a property inventory list.
Which evidence supports the successor proposal?
Collect clear, verifiable documents that show the successor's reliability. Good evidence includes recent payslips, a written rent debt clearance from the current landlord, a positive SCHUFA report or an employer confirmation. Additionally, photos of the flat at handover and records of regular rent payments are helpful.
- Payslips: Copies of the last 2–3 payslips for credit checks.
- Rent debt clearance: Confirmation from the current landlord that no arrears exist.
- SCHUFA extract: Voluntary self-disclosure of creditworthiness.
What if the landlord refuses?
If the landlord rejects the successor tenant, check the reasons. A landlord may refuse for valid reasons such as insufficient ability to pay or lack of reliability. If the refusal is unjustified, legal advice may be appropriate: the local court handles tenancy disputes first, and the Federal Court of Justice (BGH) is relevant for precedent.[1][2]
Practical documents and forms
Key documents include the tenant's termination letter, the written successor proposal and, if needed, applications like a payment order or eviction claim if forced removal becomes necessary. There is no uniform official form for proposing a successor tenant; use a simple written letter and add proofs. For court matters, the local court is responsible for tenancy disputes.[1]
- Termination letter: Informal written notice with date, signature and mention of proposed successor.
- Successor proposal: Cover letter with contact data and applicant proofs.
- Judicial steps: Payment order or eviction claim at the local court if necessary.
FAQ
- Can the landlord reject any proposed successor tenant?
- No, the landlord may only reject for objective reasons, such as insufficient ability to pay or clear breaches of duties.
- Do I have to find the successor tenant myself?
- No, but actively proposing one increases the chance of acceptance and can help you leave the contract earlier.
- Is there a deadline to propose a successor tenant?
- There is no statutory deadline; however, early notification is sensible so the landlord can schedule viewings.
How-To
- Prepare a written letter stating the successor's name, contacts and proposed move-in date.
- Attach proofs: payslips, rent debt clearance, SCHUFA extract.
- Propose concrete viewing dates and deadlines for feedback.
- Coordinate viewings and offer meetings between landlord and successor.
- If the landlord unjustifiably refuses, consider legal steps or advice at the local court.
Key Takeaways
- Ein schriftlicher und gut belegter Nachmieter-Vorschlag ist am erfolgreichsten.
- Frühzeitige Kommunikation und klare Fristen helfen, Streit zu vermeiden.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Bundesgerichtshof (BGH) - Entscheidungen
- Bundesministerium der Justiz und f\u00fcr Verbraucherschutz (BMJV)
