Submit Replacement Tenant Proposal in Germany
As a student in Germany, submitting a replacement tenant proposal can be a useful way to leave a rental contract early or to close an obvious gap in re-letting. This guide explains step by step which details a replacement tenant proposal should include, which deadlines and forms to observe, and how to improve your chances with landlords. I provide concrete wording examples, how to organize documents and viewing appointments, and how the relevant BGB provisions work in practice. The goal is to give students clear, practical steps so that communication with the landlord is fair and potential legal pitfalls are avoided.
What is a replacement tenant proposal?
A replacement tenant proposal is a written recommendation of a specific substitute tenant to the landlord. It usually contains name, contact details, educational or employment situation and a brief confirmation of ability to pay. Such a proposal is not strictly required under the BGB, but can often help when the lease should end early or the landlord prefers seamless re-letting.[1]
When is it worthwhile?
A proposal is often useful if you must move out before the notice period ends or there is a clause in the contract about successor tenants. It is also recommended when you move for study reasons and prevent vacancy for the landlord.
- Check deadlines: Review notice period and desired move-out date.
- Describe the replacement tenant: Provide full contact details and living situation.
- Financial documents: Attach proof of ability to pay (e.g., Bafög notice, enrollment certificate).
How to word the proposal
A replacement tenant proposal should be short, factual and complete. Provide a contact person, contact details, preferred move-in date and include relevant attachments (enrollment certificate, proof of income or parental guarantor).
- Introduction: Briefly explain why you need to leave early.
- Presentation: Name, age, study/training and current residence.
- Offer: Desired handover date and note about viewing appointment.
- Attachments: Enrollment certificate, proof of payment or guarantor.
Forms and templates
There is no nationwide mandatory form for replacement tenant proposals. For termination, templates can help; many tenants use self-made termination letters that include the essential information. For court procedures, however, the ZPO rules and the respective court forms apply.[2]
What if the landlord rejects the proposal?
If the landlord rejects the proposal, they do not have to give a detailed reason unless the lease contains specific rules on successor tenants. In cases of arbitrary or discriminatory refusal, you can object or consider legal action. Local courts (Amtsgericht) are generally responsible for tenancy disputes; procedural rules follow the ZPO.[3]
Common mistakes to avoid
- Incomplete information: Missing contact details or proofs lead to rejection.
- Missing deadlines: Late proposals reach the landlord too late.
- No viewing possible: Allow short, flexible viewing appointments.
FAQ
- Can the landlord reject any replacement tenant proposal?
- Yes, fundamentally the landlord can refuse proposals unless a contractually agreed successor-tenant clause applies.
- Which documents should the replacement tenant include?
- Enrollment certificate, current contact details and proof of ability to pay or a guarantor are common.
- Is there an official form for the replacement tenant proposal?
- No, there is no nationwide mandatory form; use a clear written template.
How-To
- Step 1: Check the notice period and set the desired move-out date.
- Step 2: Inform the replacement tenant and collect documents (enrollment, proof of payment).
- Step 3: Write the proposal and attach the documents.
- Step 4: Send the proposal to the landlord (registered mail or email with receipt).
- Step 5: Coordinate viewing and document responses.
Help and Support / Resources
- BGB - Civil Code (gesetze-im-internet.de)
- ZPO - Code of Civil Procedure (gesetze-im-internet.de)
- Federal Court of Justice (BGH) - Official Information
