Replacement Tenant under Index Rent - Tenants Germany

If you, as a tenant in Germany, plan to move out of an apartment with index rent and want to submit a replacement-tenant proposal, act in a structured way. A legally secure proposal includes the name and contact details of the replacement tenant, the desired move-in date, and a brief justification why the proposal is reasonable. Pay attention to contractual deadlines, the landlord's consent obligations, and document the condition and handover dates in writing. This approach helps avoid conflicts and protect your rights. In the following text I explain concrete wording, relevant sections of the BGB^[1], competent courts and practical sample forms so you can safely manage the process in Germany. I also list deadlines, required evidence and how to file an objection.

When is a replacement-tenant proposal appropriate?

A replacement-tenant proposal is useful if you want to move out before the end of the notice period or if your contract contains a replacement-tenant clause. It shows the landlord that a substitute tenant is available and can help reach agreement on the move-out date. Clearly state whether the replacement tenant will accept the full index rent or whether negotiations are expected.

What information belongs in a proposal?

• Name and contact details of the proposed replacement tenant
• Desired move-in date and requested rental terms
• Short justification why the proposal is reasonable (e. g. proof of creditworthiness)
• Supporting documents: proof of income, SCHUFA extract or certificate of no rental arrears

Index rent: special features

With index rent, rent adjustments are tied to a price index. This can affect negotiations because the landlord will check the replacement tenant's ability to bear future index increases. Carefully review the lease for clauses on replacement tenants and state in the proposal whether the replacement tenant accepts the index clause.

Deadlines and forms

Observe contractual notice periods and respond promptly to queries. There are templates and samples to help you draft a termination; many official authorities provide guidance. If a legal dispute arises, the Code of Civil Procedure governs proceedings and deadlines^[2]. The local court (Amtsgericht) is usually the first instance for most tenancy disputes; appeals may go to the regional court or the Federal Court of Justice (BGH)^[3].

How-To

1. Prepare a short letter naming the replacement tenant and their contact details and desired move-in date.
2. Attach evidence (income, credit check, confirmation of no rental debts) and number the attachments.
3. Send the proposal in writing with proof (e.g. registered mail) and note the dispatch date.
4. If refused, request written reasons and consider legal steps at the local court.

FAQ

Can the landlord refuse a proposed replacement tenant?

Yes, the landlord may refuse if the replacement tenant is unreasonable (e. g. insufficient creditworthiness). He must provide objective reasons.

What role does the index clause play in consent?

The index clause affects future rent; landlords therefore assess whether the replacement tenant can bear index adjustments.

Where do I file a lawsuit if the landlord unreasonably refuses?

Tenancy disputes are typically heard at the local court; in some cases appeals go to higher courts up to the BGH.

Help and Support / Resources

• Hotline and information: Federal Ministry of Justice (BMJ)
• Statutory text: BGB (Civil Code)
• BGH: Decisions on tenancy law

1. [1] Gesetze im Internet - BGB
2. [2] Gesetze im Internet - ZPO
3. [3] Bundesgerichtshof - Home