Suggesting Replacement Tenants: Tips for Renters in Germany
As a renter in Germany, it is common to propose a replacement tenant when moving out to enable an early release from the rental agreement or to make the search easier for the landlord. This article clearly explains which rights and duties you have, which deadlines apply and which wordings are useful in a termination letter or replacement-tenant offer. You will receive a practical template for a replacement-tenant proposal letter, guidance on documenting viewings and the handover protocol, and tips on how to avoid common mistakes. At the end you will find a simple step-by-step guide and official links to relevant laws and forms. It is especially important to record deadlines and the form of the proposal in writing; communicate transparently with the landlord and the prospective tenant to prevent later disputes.
When can a replacement tenant help?
A proposed replacement tenant can be useful if you want to move out before the regular notice period ends or if there is a replacement-tenant clause in the lease. The fundamentals of tenancy law remain decisive, in particular the rules in Sections 535–580a of the German Civil Code (BGB), which describe landlord and tenant obligations.[1]
Preparation: What you should collect
- Check deadlines: observe notice periods and any withdrawal rights.
- Written offer: prepare a clear replacement-tenant template with contact details, move-in date and proof of creditworthiness.
- Documentation: gather photos, handover protocol and evidence of defects.
- Coordinate viewings: agree times and inform courteously.
- Plan key handover: set a time and document the handover protocol.
Wording example: Template for a replacement-tenant offer
A short, polite letter helps. A possible template includes: the name and contact details of the proposed replacement tenant, move-in date, a brief creditworthiness statement and a note that viewings and handover are possible. Add whether you will assist with formalities (e.g. handover protocol).
Practical notes on the legal situation
The landlord is not automatically obliged to accept your proposed replacement tenant; they may reject the person for objective reasons (for example, lack of creditworthiness). In disputes about termination, liability or eviction, the local court (Amtsgericht) is normally responsible; higher instances include the regional court (Landgericht) and possibly the Federal Court of Justice.[2]
Which official forms are relevant?
For the registration procedure the replacement tenant will need the landlord confirmation according to the Federal Registration Act (Wohnungsgeberbestätigung). You should prepare a handover protocol as a tenant; there is no nationwide mandatory template, but a written protocol protects both parties.[3]
FAQ
- Can I propose a specific replacement tenant as a renter?
- Yes, you can propose a replacement tenant, but the landlord is not automatically obliged to accept the proposed person; complete documentation increases the chances.
- What documents should the replacement tenant provide?
- Common documents are a tenant self-disclosure, proof of income or payslips and, if applicable, a credit report.
- Does a replacement tenant immediately release me from all obligations?
- Only if a new contract is concluded with the landlord or the landlord expressly agrees to an immediate transfer of the contract do your obligations to the landlord end.
How-To
- Step 1: Check notice periods and state your desired move-out date in your letter.
- Step 2: Gather replacement-tenant documents (self-disclosure, proof of income, references).
- Step 3: Coordinate viewings and confirm appointments in writing.
- Step 4: Create a handover protocol and document the key handover.
Help and Support
- BGB: German Civil Code (gesetze-im-internet.de)
- Federal Court of Justice (BGH) — bundesgerichtshof.de
- Federal Registration Act (BMG) — gesetze-im-internet.de
