Suggest a Successor Tenant: Tenant Rights in Germany
Many tenants in Germany want to leave a lease before the notice period ends and therefore consider proposing a successor tenant. This guide helps you understand your rights as a tenant in practical terms: which deadlines apply, which documents a landlord may request, and how to present a successor tenant safely. The following advice describes typical steps, cites relevant legal bases and shows a simple template for a successor-tenant proposal so you are prepared and can avoid unnecessary delays.
What does "propose a successor tenant" mean?
A successor-tenant proposal is an offer by the current tenant to suggest a person who can take over the existing rental contract. The proposal makes it easier for the landlord to re-let, but it does not automatically dissolve the termination. Decisions follow the rules of tenancy law in the BGB.[1]
When does it make sense to propose a successor tenant?
- If you must move out before the notice period ends and want to meet deadlines.
- If a qualified successor tenant with income and references has already been found.
- If your lease has no strict successor rules and the landlord is open to proposals.
- If the apartment can be re-let quickly and no major repairs are needed.
Rights, obligations and form
A termination must be in writing and personally signed; there is no legally required form, but § 568 BGB regulates termination form and is relevant for tenants.[1] The successor-tenant proposal itself is usually an informal, also signed letter with name, contact details, proof of creditworthiness and a short confirmation by the successor tenant.
Template: Short successor-tenant proposal letter
Here is a simple example you can adapt:
Dear Mr./Ms. [Landlord Name],
I hereby propose Ms./Mr. [Successor Name] as successor tenant for the apartment [Address]. Ms./Mr. [Name] is willing to take over the lease and has the following contact details: [Phone, E-Mail]. Attached are creditworthiness documents and a brief personal statement.
Sincerely,
[Your Name, Signature]
Practical steps before the proposal
- Check creditworthiness and collect evidence such as payslips and a Schufa report.
- Prepare the written termination letter and the successor-tenant proposal.
- Contact the landlord early and offer viewing appointments.
- Document all agreements in writing by e-mail or letter.
Court action and jurisdiction
In case of disputes (e.g., over acceptance of the successor tenant or compensation claims), civil action can be taken at the competent local court; proceedings follow the ZPO.[2] Higher instances are the regional court and the Federal Court of Justice for legal questions and precedents.[3]
Frequently Asked Questions
- Can the landlord refuse any successor tenant?
- The landlord can cite valid reasons for refusal, such as insufficient creditworthiness or an unsuitable household structure; a refusal without reason is harder to uphold.
- Does the successor tenant automatically take over the contract?
- No. A proposal is only an offer; the landlord must consent or sign a new lease with the successor tenant.
- Which deadlines are important?
- Pay attention to your contractual notice period; also respect dates for viewings and handover.
How-To
- Draft your termination in writing and sign it.
- Prepare the successor tenant's credit documents.
- Notify the landlord in writing and offer viewing times.
- Carry out an apartment handover with a protocol when a successor moves in.
- If a dispute arises, consider legal steps at the local court.
Key Takeaways
- Prepare full documentation for the proposed successor tenant.
- Document every agreement in writing.
