Submit Replacement Tenant on Time in Germany

As a tenant in Germany, you may face the situation under an index rent that when you terminate early you can offer a replacement-tenant proposal. A correctly submitted proposal can prevent you from having to pay rent for the entire notice period. In this article we explain which deadlines apply, which documents you should collect, how a sample text can look and what role courts such as the local court (Amtsgericht) play if there is a dispute. We describe practical steps, useful tips for drafting the proposal and which official legal sources to consult so you can exercise your rights as a tenant in Germany securely and on time.

What is a replacement-tenant proposal?

A replacement-tenant proposal is an offer from the terminating tenant to propose a substitute tenant so that the landlord can continue the tenancy with the new tenant. A replacement-tenant proposal is not a formal, nationwide official procedure; it is usually an informal letter from the tenant to the landlord with information about the proposed tenant and their creditworthiness.

Important deadlines and legal bases

First check the notice periods agreed in your lease and any special rules for index rent. In general, it is advisable to submit a replacement-tenant proposal as early as possible so the landlord has sufficient time to review it. In disputes about termination or replacement-tenant proposals, the local court (Amtsgericht) may have jurisdiction.^[1][2]

• Observe deadlines: Submit the proposal promptly after your termination so the landlord has enough time to consider it.
• Form/letter: There is no official form for the replacement-tenant proposal; send a signed letter with the proposed tenant's name, address and credit information.
• Attach evidence: Include a copy of the proposed tenant's ID, proof of income or a credit report if the proposed tenant agrees.
• Court steps: If there is a dispute over the validity of a proposal, the local court decides; procedural rules of the Code of Civil Procedure (ZPO) may be relevant.^[3]

Forms, samples and practical examples

There is no centralized official form for the replacement-tenant proposal. Useful documents instead include:

• Termination letter (own letter): Use when ending the tenancy; attach the replacement-tenant proposal as an appendix.
• Power of attorney (if represented): If someone acts on your behalf, include a power of attorney.

Example of a short sample text (for orientation):

Proposal: I hereby propose Ms/Mr [Name] (address, phone number) as the replacement tenant for the apartment [address]. Ms/Mr [Name] is employed, can provide proof of income and is willing to take over the lease. Please confirm receipt of this proposal in writing.

How-To

1. Check deadlines: Read your lease and note notice periods and any special agreements for index rent.
2. Prepare letter: Create a signed letter with the full details of the proposed tenant and attach evidence.
3. Collect documents: Obtain consent and copies of ID, proof of income or credit information.
4. Document delivery: Send the letter by registered mail or obtain a delivery confirmation so you can prove deadlines.
5. Follow-up: Stay reachable and clarify open questions together with the landlord and the proposed tenant.

FAQ

Can the landlord reject a replacement-tenant proposal without giving reasons?

Yes, in principle the landlord can reject a proposed tenant if there are important reasons (e.g. lack of creditworthiness or an unsuitable person), but a blanket rejection without factual reasons may be contestable.

Does the replacement-tenant proposal have to be in writing?

It is recommended to submit the proposal in writing and signed so that date and content are verifiable; electronic submission may be possible if it is verifiable.

What if the landlord does not respond?

Document the delivery and consider seeking legal advice; in disputes, the local court may be competent.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§535–580a
• Local courts (Amtsgericht) - jurisdiction for tenancy disputes
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Amtsgericht - Zuständigkeit bei Mietstreitigkeiten — justiz.de
3. [3] Zivilprozessordnung (ZPO) — gesetze-im-internet.de