Suggesting a New Tenant: Protecting Renters in Germany

Many tenants in Germany consider suggesting a new tenant when they terminate, to be released from the lease earlier or reduce costs. This guide explains clearly which rights and duties you have as a tenant, which deadlines apply and how to prepare a legally secure new-tenant proposal. We show which information and documents are necessary, how to check suitable candidates and which forms are important. It also explains when the landlord must agree and how to protect yourself from risks like unclear agreements or liability issues. The guidance is practical for students and shared flats in big cities. Read the links and sample forms before submitting a proposal.

What is a new-tenant proposal?

A new-tenant proposal is a recommendation of a potential successor tenant to the landlord to be released from the lease early. The landlord is not always obliged to accept it, but a well-prepared proposal increases the chance of voluntary release.

Checks before submitting

• Clarify deadlines (deadlines): When does your notice period end and by when must a proposal be submitted?
• Prepare forms (forms): Complete termination letter and successor details and make copies.
• Gather documents/evidence: Income proofs, tenant self-disclosure, references, photos of the flat.
• Check viewings and handover: Who will conduct viewings and what handover rules apply?
• Clarify deposit and liability: Agree in writing who covers which costs.

Legal basis

The main legal provisions for tenancy are in the Civil Code (BGB), especially the rules on landlord and tenant obligations.^[1] For court procedures such as eviction claims, the provisions of the Civil Procedure Code (ZPO) apply.^[2]

Important forms and templates

You should know and keep the following forms ready:

• Termination letter (ministry template): Name, address, termination date and signature, possibly with a note about the new-tenant proposal.
• Tenant self-disclosure and income proof: valid copies for the landlord's review.
• Confirmation of no rent arrears or references from the previous landlord.

A practical template for a termination letter and guidance is available from the Federal Ministry of Justice.^[3]

How to submit the new-tenant proposal

• Submit in writing: Send the proposal by registered mail or email with delivery confirmation.
• Include all proofs: Income proof, ID, tenant self-disclosure, references.
• Set a deadline: Request feedback by a specific date (deadlines) and confirm receipt.

FAQ

Can I suggest a new tenant as a tenant?

Yes, you can propose suitable candidates; however the landlord is not automatically obliged to accept.

What documents does a landlord need for review?

Typical documents are tenant self-disclosure, income proof, copy of ID and references from the previous landlord.

What if the landlord refuses?

You generally remain liable until the end of the notice period; in disputes the local court (Amtsgericht) can decide.

How-To

1. Collect documents: income proof, tenant self-disclosure and references.
2. Inform the landlord: first by phone, then follow up in writing and send the proposal.
3. Draft the letter: submit termination and new-tenant proposal together.
4. Set a deadline: name a clear response deadline (deadlines) and ask for confirmation.
5. Confirm agreement in writing: document agreements on liability, deposit and handover.
6. If no agreement, consider mediation or the local court as next steps.

Help and Support / Resources

• BGB §§535–580a — gesetze-im-internet.de
• ZPO — gesetze-im-internet.de
• Federal Ministry of Justice and Consumer Protection — bmjv.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesministerium der Justiz und für Verbraucherschutz (BMJV) — bmjv.de