Suggesting a Successor Tenant: Tenant Rights in Germany
What does "proposing a successor tenant" mean?
Proposing a successor tenant means you suggest to the landlord a person who could take over your lease. You are not generally obliged to do so unless it is explicitly stated in the lease or a special regional rule applies. However, taking the initiative can enable an amicable solution if you want to leave before the notice period ends. Pay attention to deadlines, completeness of documents and transparent communication.
When is a proposal useful?
A proposal is helpful especially if you move out early, the housing market is stable, or the landlord is open to a successor. A well-prepared offer increases the chance that the landlord agrees or accepts a lease takeover. Use evidence such as rent payment records and a short self-disclosure from the proposed tenant.
How to write the offer: sample wording
The offer should be short, complete and comprehensible. State the full name, contact details, a move-in date, creditworthiness proofs and a short self-disclosure of the proposed tenant. Attach evidence and offer viewing dates.
- Name and contact details of the proposed successor tenant (contact)
- Proof of creditworthiness and rent payment records (rent payment)
- Concrete move-in date or deadline information (calendar)
- Brief description of apartment condition and any repairs (repair)
- Signature and date of the proposal (time)
Example clause: "I hereby propose Ms/Mr X (name, phone, email) as a potential successor tenant. Move-in possible from 01.07.2025. Proof of creditworthiness attached. Please confirm receipt in writing."
Legal basis and courts
The main statutory rules on tenancy are in the BGB, notably §§ 535–580a; procedural disputes are governed by the ZPO. In case of dispute, local courts (Amtsgerichte) are usually competent, and appeals can reach higher courts up to the Federal Court of Justice.[1][2][3]
Practical documentation tips
Document: date of delivery, method of sending (e.g. registered mail), received confirmations and all submitted proofs. Record viewing appointments with dates and participants. Clean record keeping helps in court.
FAQ
- Am I obliged to propose a successor tenant?
- Only if this is explicitly stated in the lease or a statutory special rule applies. Otherwise, suggesting a successor tenant is a goodwill solution and does not replace the notice period.
- Which documents should the successor tenant include?
- Typically: proof of identity, income proofs or creditworthiness report, rent payment records and a short self-disclosure from the applicant.
- What happens if the landlord does not agree?
- Without contractual obligation there is no compulsion to agree. In case of dispute over formal duties the local court may be competent; check your written evidence and deadlines.
How-To
- First check your lease for notice periods and special agreements (deadline).
- Prepare the successor tenant offer in writing including contact details and creditworthiness proofs (contact).
- Send the offer by registered mail or in person and document receipt (notice).
- Hold viewing appointments and note all agreements (calendar).
- If no agreement is reached: keep all documents and consider legal steps at the competent local court (court).
Help and Support / Resources
- Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
- Gesetze im Internet – Zivilprozessordnung (ZPO)
- Bundesgerichtshof – Decisions and information
