Submit Replacement-Tenant Proposal – Tenants Germany
What is a replacement-tenant proposal?
A replacement-tenant proposal is a written offer by the terminating tenant to propose a suitable substitute who would take over the lease. It is not an official government form but a contractual offer that the landlord can review. Relevant legal bases include the tenancy provisions in the German Civil Code (BGB)[1] and civil procedure rules if a dispute arises.
When does a proposal make sense?
Especially for students with short notice periods or sudden relocation, a replacement-tenant proposal can help avoid double rent payments. It makes sense if the lease does not exclude substitute tenants and the proposed person appears solvent and suitable.
How to phrase the proposal correctly
A good letter includes: name and contact details of the proposed tenant, brief credit information, attachments (e.g. enrollment certificate, income proof or guarantor) and a clear deadline for the landlord to respond. Also state the desired takeover date and your intention to terminate.
Sample text (short)
Dear Mr/Ms [landlord name], I propose Mr/Ms [name] as replacement tenant for the apartment at [address]. Attached are the enrollment certificate and proof of income. Please inform me by [date] whether you accept the replacement tenant. Sincerely, [Your name].
Which documents to attach?
- Proof of creditworthiness (e.g. income statements or guarantor)
- Enrollment certificate or employment contract of the replacement tenant
- ID copy and contact information
- Short reference letter or previous landlord contact
Deadlines and proof of delivery
Set a reasonable response period (e.g. 7-14 days) and send the letter by registered mail or hand it over with a receipt so you can prove delivery. Record the date and delivery method.
When can a landlord refuse?
A landlord may refuse a proposed replacement tenant for objective reasons, such as lack of payment ability or reasonable doubts about reliability. Blanket or unsubstantiated refusals should be reviewed; disputes are handled by the local court and may ultimately involve higher courts.[2][3]
Concrete steps if refused or stalled
- Request a written refusal with reasons from the landlord.
- Document all contacts and submitted documents with the replacement tenant.
- Consider contacting the local court if the refusal seems arbitrary; check civil procedure under the ZPO.
FAQ
- What is the difference between a termination and a replacement-tenant proposal?
- Termination ends your tenancy according to contract or law; a replacement-tenant proposal is an offer to fill the vacancy with a substitute tenant.
- Is the landlord required to accept a replacement-tenant proposal?
- No, the landlord is not generally required to accept a proposed replacement tenant; he may only refuse for objective reasons such as insufficient solvency.
- What is a reasonable deadline for a response to my proposal?
- A period of 7 to 14 days is common in practice, though shorter or longer periods can be agreed depending on circumstances.
- Where can I turn if the landlord refuses without justification?
- Contact the competent local court or seek legal advice; court proceedings follow the rules of civil procedure (ZPO).
How-To
- Preparation: Gather all relevant documents from the replacement tenant (creditworthiness, enrollment certificate, contact details).
- Letter: Draft a short, polite letter with a clear deadline and desired takeover date.
- Delivery: Send the proposal by registered mail or deliver it against a receipt.
- Documentation: Keep copies of all documents and correspondence.
- Next steps: Request a written reason if refused and consider legal options if necessary.
Key Takeaways
- A clear, complete proposal raises acceptance chances.
- Document everything and obtain delivery proof.
- The local court handles disputed tenancy cases.
