Refusal of new tenant in case of early termination of rental agreement

The new tenants proposed by the current tenant are unacceptable and you have to turn down their request. What is the legal situation?

The answer in detail

You cannot accept the next tenant and want to reject the early termination of the lease - here's how it works...

Your tenant wants to terminate the rental agreement prematurely but the replacement tenant they propose is unacceptable for statutory reasons and you want to turn down their request. We explain the legal situation.

When does the rental agreement with the tenant end?

A limited-term rental agreement ends upon expiration of the agreed duration of the contract. By contrast, in the case of an unlimited rental agreement, the tenant must observe statutory and contractual notice periods and dates. It is not possible to give notice of termination prematurely. However, the tenant can request a premature release from the rental agreement if they provide new acceptable and solvent tenants to take over the current rental agreement with the same terms. Higher requirements than what the current tenant has may not be imposed on the new tenant. However, the landlord cannot be put in a worse position than before through the change in tenant. See the following article on reasons for extraordinary termination.

How many replacement tenants does a tenant have to suggest?

In general, one person is enough if they meet all the criteria. However, it is advisable for the tenant who is moving out to propose several new tenants. And the tenant should request a written confirmation from the prospective new tenant stating that they will move into the rental property and take over of the rental agreement under the same conditions on the requested date.

Ideally, how should I proceed?

To save time on clarifications, the new tenant should ideally apply by means of an official application form, an enclosed excerpt from the debt collection register, as well as any other necessary documents. The tenant who wishes to move out should require from all interest parties a copy of the application, including all corresponding documents, and in the case of a dispute, be able to prove that a suitable replacement tenant has been provided. Ideally, the potential new tenant should send their application via registered mail to ensure they have proof it was submitted.

How much time may a landlord take to either accept or reject the proposed tenant?

This is not clear. Depending on the situation, this can be between two weeks and 30 days.

Does the landlord have to accept the proposed, acceptable tenant?

No. However, if the tenant has proposed an acceptable tenant and the landlord rejects them, then the former tenant is released from their rental agreement.

Below, you will find templates for a letter to landlords regarding replacement tenants and the rejection of proposed tenants.

Important documents
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