Propose Replacement Tenant for Index Rent in Germany
As a tenant in Germany, it is possible to propose a replacement tenant when moving out, even with an index rent. This can help meet the notice period or avoid conflicts with the landlord. In this text we explain what rights and obligations tenants have, which deadlines to observe and which documents a replacement tenant should provide. We also show how official sample forms are used, when a landlord may or may not agree, and which courts are competent. The explanations are based on the BGB and supplementary regulations so that you as a tenant in Germany can act safely and on time. You will receive practical steps for drafting a proposal, tips on proving the ability to pay and links to official forms as well as information on the competent local court.[1]
What does "propose a replacement tenant" mean?
A replacement tenant proposal means that the current tenant names one or more suitable persons to the landlord who could take over the existing tenancy agreement. With an index rent, the rent amount changes according to the consumer price index, which means the contract structure remains even if a replacement tenant moves in. A proposal does not automatically release the terminating tenant from obligations unless a written release is agreed.
Rights and obligations with index rent
Tenants should know that landlords may only refuse a proposed replacement tenant for objective reasons, such as lack of creditworthiness or obvious risk of payment refusal. In general, the rules of tenancy law in the BGB apply to index rents just as they do to other tenancies.[1]
Check and meet deadlines
- Check deadlines: Determine the remaining notice period and the date by which a replacement tenant must be proposed.
- Observe written form: Submit the proposal and all documents in writing and request an acknowledgement of receipt.
- Documentation: Include proof of creditworthiness, a tenant self-disclosure and income statements of the replacement tenant.
What documents does a replacement tenant need?
- Proof of creditworthiness: Pay slips or a SCHUFA report as proof of ability to pay.
- Tenant self-disclosure: A form with personal data and previous landlord contacts.
- Identity and references: Copy of ID and landlord references.
How to draft a replacement tenant proposal
A clear proposal should include name, contact details, brief creditworthiness notes and the desired takeover date. Use concise, factual language and attach all relevant documents. Request a written confirmation of receipt and, if possible, a landlord consent statement.
Frequently Asked Questions
- Can the landlord reject any replacement tenant?
- No. The landlord may only reject for objective reasons, such as lack of creditworthiness or if the replacement tenant clearly cannot take over the apartment.
- Does a replacement tenant immediately release me from the rent?
- Only if the landlord agrees to a release in writing. Without an agreement, the terminating tenant remains responsible until the tenancy ends.
- Which courts are competent in disputes?
- Rental law disputes are heard in the first instance at the competent local court (Amtsgericht); further decisions can be made at the regional court or the Federal Court of Justice.[2]
How-To
- Check deadlines: Determine the notice period in your lease and your desired move-out date.
- Write the proposal: Create a short letter with the replacement tenant's name, contact details and attachments.
- Provide proof of creditworthiness: Include recent pay slips or a SCHUFA report.
- Arrange handover: Set dates for viewings and possible contract takeover.
Key Takeaways
- Observe deadlines and submit proposals in writing.
- Attach complete documentation to support the proposal.
- Request written confirmation from the landlord.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Zivilprozessordnung (ZPO) - Gesetze im Internet
- Federal Court of Justice (BGH)
