Propose Replacement Tenant Without Lawyer - Germany

As a tenant in Germany you may need to find a suitable replacement tenant, for example when terminating early or moving. This text explains step by step how to propose a replacement tenant without a lawyer, which duties and deadlines to observe and which official forms and proofs are often required. You will learn how to prepare a legally secure handover, which documents help the landlord and how to secure evidence for agreements. Concrete examples show when a federal ministry form is necessary and how to document deadlines in writing to avoid later disputes.

What does "propose a replacement tenant" mean?

A replacement tenant is a person who enters your lease or convinces the landlord to re-let when you move out. Proposing a replacement tenant does not automatically release you from rent obligations; the landlord can review criteria such as creditworthiness or personal use. The BGB governs basics of tenancy law and the duties of tenants and landlords, in particular §§ 535–580a^[1].

What tenants should pay attention to

Before proposing, check which deadlines and modalities your lease specifies and which proofs the landlord usually requires. Documentation, photographs and an inventory of handed-over keys help later.

• Check deadlines: respect notice periods, response deadlines and handover dates.
• Gather forms: termination letters, handover protocol and any replacement-tenant templates.
• Secure documents: identity, income proofs and credit reports may be requested.

Common problems and how to avoid them

The most frequent dispute is whether the landlord may reject the proposed replacement tenant. Reasons for rejection must be factual (e.g. insufficient creditworthiness). If it leads to court, the Code of Civil Procedure (ZPO) is relevant, for example for eviction suits or proceedings at the local court^[2].

Practical templates and forms

There are official guides and templates for many steps: termination letters, handover protocols and evidence masks for creditworthiness. Use official templates or clear signed letters to avoid misunderstandings.

Frequently Asked Questions

Can the landlord reject a proposed replacement tenant without justification?

No. Rejections should be fact-based, e.g. insufficient creditworthiness or relevant offenses that endanger the tenancy.

Do I have to provide a replacement tenant if I leave early?

Only if this is contractually agreed or an amicable solution is reached. Without agreement, your contractual rent obligation remains until the end.

Where do I turn in case of disputes?

For civil disputes the local court (Amtsgericht) is competent; in complex cases appeals can follow to higher courts including the BGH^[3].

How-To

1. Check your lease and note all relevant deadlines and termination conditions.
2. Collect candidate documents: ID, income proofs and credit reports.
3. Contact potential replacement tenants and arrange viewings and takeover questions.
4. Propose the replacement tenant in writing to the landlord and attach the collected documents.
5. Coordinate handover and inspection with a signed handover protocol.
6. Document all communications and keep copies of forms and messages.

Key Takeaways

• Observing deadlines protects your rights.
• Written forms and signed documents are often decisive.
• Thorough documentation improves your position in disputes.

Help and Support / Resources

• Gesetze im Internet – BGB and other laws
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice – Templates and guidance

1. [1] German Civil Code (BGB) §§ 535–580a
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH) – Jurisdiction and decisions