Tenants: Propose Replacement for Step Rent in Germany

As a tenant in Germany, you may often need to propose a replacement tenant when leaving early or when terminating a lease, especially with step rent agreements that include scheduled rent increases. This article explains your rights and obligations, how to make a formal proposal, and which deadlines and forms to observe. You will receive practical negotiation strategies, a step-by-step guide to proposing a replacement tenant, and information about local courts and relevant laws. Terms like step rent and handover appointments are explained simply so you can approach discussions with your landlord more confidently. If necessary, we show when court action may be appropriate and where to turn for official forms. Let's get started.

What step rent means and the role of a replacement tenant

In a step rent agreement, the contract specifies scheduled rent increases at set dates. If you move out before a scheduled increase, the question often arises whether a proposed replacement tenant takes over the step or if a new agreement is required. Legal foundations for rent are found in the BGB and related provisions.^[1]

Rights and obligations when proposing a replacement tenant

As a tenant, you can propose suitable replacement tenants to the landlord. The landlord is not obliged to accept every candidate but must not reject reasonable options without objective reasons. Important: document the name, contact details and creditworthiness of the replacement tenant and the proposed takeover date.

• Submit the replacement tenant in writing (form): provide name, contact, move-in date and brief proof of solvency.
• Attach documents (evidence): provide Schufa report, proof of income and, if available, a rent debt clearance certificate.
• Observe deadlines (deadline): submit the proposal in good time before the desired handover so the landlord can review it.
• Offer alternatives (court): if the landlord refuses, check mediation timelines or alternative solutions.

Negotiating with the landlord

With step rent, the landlord may insist on the contractual schedule; however, there can be room to negotiate the choice of replacement tenant or exact takeover date. Use these strategies: present solvent candidates, offer a quick handover and propose compromises on deposit or renovation. If you are uncertain whether the step transfers automatically, rely on contract terms and obtain legal advice if needed.

Forms and official steps

Official termination and handover templates can help formalize the process. Use government templates for termination letters and handover protocols to avoid legal uncertainties.^[2]

When the local court is responsible

If disputes arise over acceptance of a replacement tenant or compensation claims, the competent local court (Amtsgericht) is usually the correct venue. Rental matters typically start at local courts; appeals may go to regional courts and the Federal Court of Justice.^[3][4]

FAQ

Can the landlord reject every proposed replacement tenant?

No. The landlord may only refuse for objective reasons, such as lack of solvency or obvious overcrowding.

Does a replacement tenant automatically take over step rent?

It depends on the lease. Some step provisions bind to the apartment, others require a new agreement; check the contract carefully.

Do I have to pay renovations before moving out?

Only if contractually agreed or justified by excessive damage. Standard cosmetic repairs are often regulated and not always fully charged to the tenant.

How-To

1. Prepare a written replacement tenant offer (form) including name, contact and move-in date.
2. Include proof of solvency (evidence), such as income statements or a Schufa report.
3. Submit the offer early (deadline) so the landlord has enough time to review.
4. If necessary, document written rejections and reasons (court) for possible legal steps.

Help and Support

• Local court information (court) – justiz.de
• Civil Code (BGB) – laws on rent and step rent
• Sample termination letters and forms – Federal Ministry of Justice (Form)

1. [1] Civil Code (BGB) – gesetze-im-internet.de
2. [2] Sample termination letters and forms – Bundesministerium der Justiz
3. [3] Local court information – justiz.de
4. [4] Federal Court of Justice (BGH) – bundesgerichtshof.de