Protect Tenant Successor Proposal in Germany

As a tenant in Germany, you can use a successor proposal when terminating an index-rent tenancy to reduce liability and payment risks. This text explains clearly the legal requirements, which deadlines and official forms to observe, and which evidence is useful. You will receive practical steps for proper submission, advice on communication with the landlord and on documenting apartment details. We also explain how courts and authorities decide in such cases and which sections of the BGB and which local courts are relevant. The goal is to give you confidence to structure your termination and successor proposal in Germany in a legally secure way.

What is a successor proposal?

A successor proposal is a written offer from the terminating tenant to propose a binding successor tenant to the landlord. Legally, the proposal does not automatically change the contract, but it can reduce liability for lost rent if the landlord accepts a suitable replacement ^[1].

When is a successor proposal useful?

• Deadlines: Submit the successor proposal as early as possible so the landlord has time to respond.
• Formal details: Provide the offer in writing with names, contact details and proposed move-in date.
• Attach evidence: Include proof of solvency, rent payment records and identification copies.
• Rent terms: State the proposed rent amount and whether utilities are included.

Forms and deadlines

• Termination letter (no official form): There is no mandatory federal template; a written termination with date, signature and apartment details is sufficient.
• Lawsuit form (eviction claim, local court): Used only in disputes; forms and filing are handled at the competent local court ^[2].
• Debt collection (application for a payment order): For unpaid rent landlords may use the debt-collection procedure, which also uses official forms ^[3].

How-To

1. Gather documents: Prepare proof of solvency, rent payment records and photos of the apartment.
2. Draft the letter: Create a written offer with names, contact details, move-in date and proposed rent.
3. Send to the landlord: Deliver the proposal by registered mail or with a receipt and note the sending date.
4. Follow up and respond: If the landlord rejects, clarify reasons; in disputes you may consider filing a claim at the local court ^[2].

FAQ

What happens if the landlord does not accept the successor proposal?

The lease remains in place until the end of the notice period; you generally remain obligated to pay until then. Acceptance is voluntary.

Does a successor proposal protect against claims for damages?

Only if the landlord agrees or a written release is given; otherwise claims may remain.

Which deadlines are important?

Send the proposal early; observe the notice period in the lease and statutory rules under the BGB ^[1].

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Justice Portal: Information on Local Courts
• Federal Court of Justice (BGH) Decisions

1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Justice Portal: Information on Local Courts
3. [3] Federal Court of Justice: Information and Decisions