Subtenant Proposal for Tenants in Germany

As a commuting tenant in Germany, terminating your rental can be especially stressful. A clearly worded subtenant proposal helps you meet the notice period, reduce financial loss, and avoid disputes with the landlord. This guide explains step by step which formulations are sensible, which deadlines under tenancy law are relevant, and which official forms or proofs you should have ready. I show how to organize documents, which authority or court may be responsible, and how to communicate securely without risking your rights. Concrete wording examples and tips on proving ability to pay are included; you will also find notes on what to consider for modernization notices or graduated rents.

What is a subtenant proposal?

A subtenant proposal is an offer from the terminating tenant to suggest a suitable replacement tenant so that the landlord agrees earlier or without contractual penalty. The proposal usually includes contact details, information on ability to pay and sometimes a short self-disclosure of the prospective tenant. A well-documented proposal increases the chances that the landlord accepts and long vacancies are avoided.

Legal basis

The main rules on the tenancy relationship are contained in the German Civil Code (BGB).^[1] Court procedures, such as eviction actions, follow the Code of Civil Procedure (ZPO).^[2] Pay attention to the jurisdiction of local courts (Amtsgericht) for tenancy disputes.^[3] For precedents and interpretations, consult decisions of the Federal Court of Justice (BGH).^[4]

How to submit a subtenant proposal

Proceed systematically: prepare documents, formulations and a clear method of delivery. Send the proposal in writing and keep proof.

• Suggested wording: Keep it short and factual; include names, move-in date and contact information.
• Important documents: Have a self-disclosure, pay slips or rental payment confirmations ready.
• Observe deadlines: Plan the notice period and the landlord's response time.
• Prove ability to pay: Provide bank statements or an employer confirmation.
• Delivery: Send the letter by registered mail or by verifiable email with acknowledgment of receipt.
• Communication: Confirm all conversations in writing and document appointments.

FAQ

Can the landlord refuse a proposed subtenant?

Yes, the landlord can refuse a proposed tenant if there are legitimate reasons, such as lack of ability to pay or insufficient references.

What notice period must I observe when I terminate?

The statutory notice period for tenants is usually three months, unless the tenancy contract provides otherwise.

Do I need a specific form for the subtenant proposal?

There is no nationwide standardized form; use a clear letter containing all relevant information and proofs.

How-To

1. Check your deadlines first and the desired handover date.
2. Collect documents: self-disclosure, pay slips, certificate of no rent arrears.
3. Draft the subtenant proposal in writing and attach the proofs.
4. Send the letter by registered post or by email with read receipt and confirm receipt.
5. If the landlord unjustifiably refuses, consider legal action at the local court or seek legal advice.

Help and Support / Resources

• German Civil Code (BGB) — gesetze-im-internet.de
• Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Informationen zu Amtsgerichten und Zuständigkeiten — justiz.de
4. [4] Bundesgerichtshof (BGH) — bundesgerichtshof.de