Successor Tenant Proposal for Index Rent in Germany

As a tenant in Germany, a well-prepared successor tenant proposal can help you end the tenancy in an orderly way and make sensible use of successor clauses with index rent. This guide explains in plain terms which documents landlords commonly request, which deadlines to observe, and how to avoid formal mistakes. We name the relevant legal bases, show practical examples for a termination letter, and explain when court proceedings may be imminent. The information is tailored to the specifics of index rent and helps you protect your rights and avoid unnecessary costs or delays.

When does a successor tenant proposal apply?

A successor tenant proposal is relevant when the rental contract contains a successor clause or when you want to propose a suitable replacement tenant to the landlord to leave earlier. With index rent, the contractual index linkage usually remains; the new tenant typically takes over the ongoing index clause. The tenancy is legally supported by the provisions of the BGB, especially regarding duties and notice periods.^[1]

What does an effective successor tenant proposal need?

A complete proposal contains clear contact details of the successor tenant, proof of creditworthiness and notes on taking over the index rent. Also state the desired handover date and include a short self-disclosure.

• Check deadlines: specify the notice date and desired move-out date.
• Proof of creditworthiness: attach pay slips or a Schufa extract.
• Written self-disclosure: name, phone number, employment, desired move-in date.
• Photos and handover protocol: document the condition of the flat.
• Contact for viewing: state times when viewings are possible.

Forms and templates

There are no nationwide mandatory forms for many steps, but proven templates are helpful. A common document is the tenant's termination letter; check the deadlines under § 573c BGB for ordinary termination.^[1]

• Termination letter (template): state date, contract address, termination date and request confirmation; example: "I hereby terminate the rental agreement as of DD.MM.YYYY and propose the following successor tenant: ...".
• Self-disclosure template: short profile of the successor tenant with employment details and consent to a credit check.

How does the landlord respond?

The landlord reviews the suitability of the successor tenant and may raise justified concerns. With index rent, the index clause often remains; clarify whether the landlord requires a new credit check or different contract terms. If disagreements arise, the competent local court (Amtsgericht) is the right venue for tenancy disputes and eviction suits.^[2]

FAQ

Can the landlord reject any successor tenant?

No, the landlord may only reject for factual reasons, such as obvious inability to pay or false information.

Does the successor tenant automatically take over the index agreement?

In many cases yes, if the index rent was specified in the previous tenant's contract and is agreed in the new contract.

What if the landlord rejects the proposal?

Document the reasons for rejection in writing and consider legal steps; official advice or the local court may be helpful.^[3]

How-To

1. Check deadlines and set the termination date.
2. Gather complete documents: self-disclosure, pay slips, photos.
3. Inform the landlord in writing and send the proposal by registered mail or with delivery confirmation.
4. If rejected: document reasons and observe deadlines for possible legal remedies.

Key Takeaways

• Provide complete, verifiable documents to increase acceptance chances.
• Respect notice periods and send proposals with a delivery proof.

Help and Support

• §535 BGB – Gesetze im Internet
• Federal Court of Justice – Decisions
• Federal Ministry of Justice and Consumer Protection

1. [1] §535 BGB – Gesetze im Internet
2. [2] ZPO – Rules on court procedure (Gesetze im Internet)
3. [3] Federal Court of Justice – Decisions