Suggesting a Replacement Tenant: Tenants in Germany
If you, as a tenant in Germany, terminate your lease, proposing a replacement tenant is often a quick solution to avoid conflicts with the landlord and meet required deadlines. This guide clearly explains your rights and obligations in 2025, how to vet suitable candidates, which deadlines apply and which official documents are important. You will learn how negotiations work, the role of the local court (Amtsgericht) in disputes and which records to collect so a replacement-tenant offer succeeds. We also show how to clarify financial aspects like the security deposit and ongoing utility charges, which documents a reliable replacement tenant should provide and how to plan handover appointments safely. The recommendations are based on BGB rules and court practice and include practical wording suggestions for your termination letter.
Rights and Obligations when Proposing a Replacement Tenant
In principle, a tenant's termination remains valid even if you propose a replacement tenant. There is no law that forces landlords to accept every proposed replacement tenant; the legal basis for tenant and landlord obligations can be found in the BGB.[1] For court proceedings on eviction or disputes about the validity of a replacement tenancy, the ZPO applies and local courts (Amtsgerichte) are the first instance.[2]
- Keep a current copy of the rental contract and the handover protocol.
- Income proof and a credit check of the proposed replacement tenant (if available).
- Clarify the deposit: who pays which shares and how the refund is handled?
- Check deadlines: notice period, desired move-in date and possible handover times.
- Agreements for apartment viewings and data protection (consent from the replacement tenant for personal data).
How to Negotiate with the Landlord
Prepare a short dossier of the replacement tenant (address, employer, references). Propose a realistic move-in date and offer to organize viewings. Written offers are important: state clearly which points you propose (e.g. new lease on existing terms, deposit taken over by the replacement tenant or acceptance of the deposit by the landlord).
- Create a short dossier with income proof and references of the proposed replacement tenant.
- Suggest a clear deposit solution (handover to the landlord or escrow account).
- Set fixed dates for viewings and handover to avoid uncertainty.
Practical Wording Examples
A short sample offer to the landlord could be: "Dear Mr./Ms. X, I hereby propose the following replacement tenant due to my termination on [date]: [Name, address, employer]. He/she is willing to take over the lease under the existing conditions. Enclosed you will find income proof and references." Such a letter helps create clarity and serves as proof of the tenant's efforts.
FAQ
- Does the landlord have to accept a proposed replacement tenant?
- No. The landlord can refuse, but must not discriminate arbitrarily; case-by-case court decisions assess the reasonableness of the proposal.[3]
- Which deadlines apply when proposing a replacement tenant?
- The original notice period remains in effect. Agreements for an earlier takeover are possible if both parties agree.
- What should I do in case of dispute?
- For conflicts, the local court (Amtsgericht) is competent; procedural steps follow the ZPO.[2]
How-To
- Submit a written termination on time.
- Search for a replacement tenant and preselect suitable candidates.
- Prepare a dossier: income proof, references, credit check if available.
- Send an offer to the landlord: date, replacement tenant details, proposed terms.
- Organize viewings and a personal handover; create a handover protocol.
Key Takeaways
- A clear, written proposal increases the landlord's willingness to accept a replacement tenant.
- Collect income proofs and references before making the offer.
- Observe notice periods and agree on handover dates in writing.
