Replacement tenant proposal for renters in Germany
Many students in Germany face the task of writing a replacement-tenant proposal when they move out before the lease ends. For renters it is important to act correctly in form: clear information about the person, rental period, creditworthiness and contact details as well as a realistic handover date proposal. This text explains step by step which details must not be missing in the proposal, which deadlines from tenancy law in the BGB must be observed and how to use official forms without a lawyer. We show practical wordings, sample texts and tips for communication with the landlord so that you as a renter increase your chances of a smooth replacement-tenant agreement. Read on.
What is a replacement-tenant proposal?
A replacement-tenant proposal is a written offer from the tenant to the landlord to accept a specific person as the new tenant. The proposal helps to end the tenancy early or achieve a replacement. In disputes over acceptance, tenancy law can be relevant, in particular provisions from the BGB.[1]
A well-documented proposal increases the chances of the landlord's approval.
What should the proposal include?
A clearly structured proposal contains the following points:
- Name, date of birth and contact details of the proposed replacement tenant.
- Planned move-in and move-out period and desired handover date.
- Information on creditworthiness (proof of income, certificate of no rent arrears or Schufa report) as an attachment.
- Statement whether ancillary costs and deposit should remain unchanged.
- Short sentence about complying with house rules and willingness to hand over the flat.
Always include current contact and identification details of the replacement tenant.
Deadlines and forms
First check your lease for notice periods and special provisions. Use official templates, for example from the Federal Ministry of Justice for termination letters or other forms when you need to prove deadlines.[3] If unclear, the competent local court (Amtsgericht) can provide information on the procedure.[2]
Respond within statutory deadlines, otherwise the claim to approval may be made more difficult.
How-To
Short step-by-step guide to submitting a replacement-tenant proposal:
- Contact potential replacement tenants and obtain written consent and documents.
- Prepare a precise letter with names, rental period, proofs of creditworthiness and a proposed date.
- Send the proposal by registered mail or email with read receipt to the landlord and document the dispatch.
- Keep all responses, proofs and dates; note phone calls and conversations.
- If the landlord refuses, check the reasons in writing and consider legal advice if necessary.
Frequently Asked Questions
- Can the landlord reject any replacement tenant?
- No. The landlord may not reject arbitrarily; they must provide objective reasons. Details are governed by the BGB.[1]
- What documents should a replacement tenant provide?
- Commonly requested are proof of income, certificate of no rent arrears and a copy of the ID; include these as attachments.
- Do I as a student need to hire a lawyer?
- No, many replacement-tenant proposals can be drafted correctly without a lawyer if forms and deadlines are observed.
Help and Support / Resources
- Laws on the Internet – BGB (Tenancy law)
- Federal Ministry of Justice – Templates and guidance
- Federal Court of Justice – Tenancy law rulings
