Submitting Replacement Tenant Proposal: Tenants in Germany

Many students in Germany face the challenge of ending a tenancy before the official termination date. A replacement tenant proposal can help meet obligations and reduce financial burden if a suitable substitute tenant is found. This guide explains step by step how tenants prepare a legally secure proposal, which details and documents are useful, which deadlines must be observed and how to communicate with the landlord. I also explain when a landlord may refuse, which statutory rules apply and which courts are responsible. Practical tips, wording suggestions and references to official laws help students make the process clear and safe. At the end you will find FAQs and a practical how-to.

When is a replacement tenant proposal worthwhile?

A replacement tenant proposal makes sense if you must move out before your termination period ends and want to avoid financial burdens. It often reduces the risk of additional payments for the rental period until the regular contract end because the landlord can find a new tenant faster. Important: The landlord is not automatically obliged to accept, but may only reject a suitable replacement tenant for objective reasons; the legal bases are found in the BGB.^[1]

Rights and obligations for a replacement tenant proposal

Before making a proposal, check your lease for special provisions. Pay attention to deposit clauses, co-tenant clauses and form requirements in your contract.

• Check deadlines and contract termination conditions in the lease and communicate promptly with the landlord.
• Submit the replacement tenant proposal in writing and include a short applicant profile.
• Include supporting documents such as enrollment certificate, proof of income or references to demonstrate the reliability of the replacement tenant.
• Clarify rent and deposit arrangements clearly to avoid later disputes.
• Request a written confirmation if the landlord accepts or rejects the proposal.

How to submit the proposal securely

Keep wording concise and factual: name, contact, move-in date, rental period, proof of creditworthiness and a short explanation why the replacement tenant is suitable. Avoid personal evaluations of the landlord or accusations.

1. Make contact: clarify preferred communication channels (email, post) and keep all conversations in writing.
2. Prepare the letter: use clear subject lines and attach all relevant documents.
3. Observe deadlines: give the landlord a reasonable period to review the proposal.
4. Documentation: keep photos of the flat condition, handover protocols and receipts of delivery.
5. Ask for confirmation: request a written response about acceptance or rejection.

Procedure in disputes: which courts are responsible?

In disputes about acceptance or rejection of a replacement tenant, local courts (Amtsgerichte) are usually competent in first instance; higher courts are the Landgerichte. For fundamental rental law rulings there are decisions from the Federal Court of Justice that often provide interpretation aids. Rules for legal actions and eviction are set out in the ZPO.^[2][3]

FAQ

Does the landlord have to accept a replacement tenant proposal?

No, the landlord is not required to accept every proposal. However, he may only refuse for objective reasons, for example if the proposed tenant will likely not be able to pay the rent.

What deadlines apply to a proposal?

There is no uniform statutory deadline for replacement tenant proposals; comply with contractual termination periods and give the landlord a reasonable review period.

What can I do if the landlord refuses without justification?

Document the refusal in writing and check whether a court considers the refusal unreasonable; consider filing a lawsuit before the competent local court.

How-To

1. Prepare: collect the replacement tenant's application documents such as identity, income and references.
2. Submit in writing: send the proposal by registered mail or email with delivery confirmation.
3. Set a deadline: specify a clear deadline for feedback, e.g. 14 days.
4. Follow up: remind the landlord in writing if there is no response.
5. Legal steps: if refusal is unjustified, document and consider legal options.

Help and Support / Resources

• BGB §§535–580a — Gesetze im Internet
• ZPO — Rules on judicial procedure
• Federal Court of Justice — bundesgerichtshof.de

1. [1] BGB §§535–580a — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] Bundesgerichtshof — bundesgerichtshof.de