If you want to leave a tenancy early, you often propose a replacement tenant (Nachmieter) to the landlord. It is a common route but no sure thing: German law contains no general right to be released from the contract by providing a replacement tenant. This guide shows when it works, what the Federal Court of Justice (BGH) has decided and what alternatives you have. More housing topics are in our housing guide for students.
In short: A replacement tenant only shortens the tenancy if the landlord agrees or the contract contains a corresponding clause. In 2003 the BGH held: a tenant who wants to leave early can demand release only if they provide a suitable and reasonable replacement tenant and have a legitimate interest (VIII ZR 244/02). Without agreement the statutory notice period of three months applies (section 573c BGB). Last updated: November 2026.
Key points
- Without a replacement-tenant clause or an agreement with the landlord you remain bound by the three-month notice period.
- Under the standard applied in the BGH case, the landlord may reject a replacement tenant only for weighty reasons, not out of mere dislike.
- The replacement tenant must be suitable and reasonable, above all solvent and reliable.
- You must have a legitimate interest in ending early, such as a move for a job or for studies.
- Alternatives are a termination agreement, subletting or an agreed change of tenant.
Does the landlord have to accept a replacement tenant?
Not as a general rule. The law contains no general duty for the landlord to accept a successor proposed by the tenant. In its judgment of 22 January 2003 (VIII ZR 244/02), however, the BGH set standards for a case in which a landlord had declared agreement, on the condition that a replacement was found, to release the tenant.
According to the judgment, a tenant who wants to leave early can demand release only if they provide a suitable and reasonable replacement tenant. This follows from section 242 BGB (good faith) and, in that case, additionally from the parties’ agreement. A legitimate interest of the tenant in early termination is also required. The judgment names this requirement without elaborating on it.
For you this means: do not rely on a replacement tenant alone being enough. Without a clause in the contract or a promise from the landlord, the situation is uncertain and depends on the case.
When may the landlord reject the replacement tenant?
The decision rests on the standard the court of appeal had already applied: in long-term tenancies the landlord may reject a replacement tenant only for weighty reasons. Remote fears, personal antipathy and objectively unfounded prejudice against certain groups of tenants are disregarded. Normal living noise, including from children, has to be tolerated, and that a candidate wants to move in with a child does not justify rejection on its own.
| Ground for rejection | Assessment under the BGH judgment |
|---|---|
| Weighty reasons relating to the candidate | Rejection is permitted |
| Remote fears | Disregarded |
| Mere antipathy | Disregarded |
| Candidate has a child | Not a ground for rejection on its own |
| Suitability and reasonableness in a dispute | Undefined legal terms that the court assesses case by case |
The burden of proof for a rejection in bad faith lies with the tenant. But if the landlord negotiates with the candidate personally, the landlord must give substantiated reasons when disputing suitability, as they have better knowledge. Anyone proposing a replacement tenant should therefore pass proof of income and contact details of the candidate on in writing.
What happens to the rent until the replacement moves in?
Without release, rent is payable until the end of the notice period. Under section 573c (1) BGB, notice must arrive no later than the third working day of a calendar month and takes effect at the end of the month after next. The period is thus three months. If release takes effect earlier, rent ends from that point.
Assumption: you give notice, it reaches the landlord on 2 July, and you want to move out at the end of July. The contract then ends on 30 September. You keep paying for August and September, with a rent of 450 euros that is 900 euros. If you agree with the landlord that a replacement tenant moves in from 1 September and that you are released from that day, the rent for September falls away.
With several tenants: notice only works if all tenants sign. More in the article on joint tenancy for two. For a shared-flat room, the period is explained in notice period for a shared-flat room.
What alternatives do you have if the landlord does not agree?
- Termination agreement: you offer something in return, such as an earlier move-out date or a transitional payment. It needs the consent of both sides and should be in writing.
- Subletting: under section 540 BGB you may sublet only with the landlord’s permission; with a legitimate interest there is, under conditions, a right to it (section 553 BGB). If the landlord refuses permission, the law gives a special right of termination, see sublets for students.
- Change of flatmate: according to the BGH judgment of 27 April 2022 (VIII ZR 304/21) there is a right to swap shared-flat members only if the shared-flat purpose was expressly agreed.
- Fixed-term contract: here usually only an agreement with the landlord remains, see fixed-term tenancy for students.
How do you approach the search for a replacement tenant?
Contact the landlord early and in writing. State the reason for early termination, the desired move-out date and at least one specific candidate with proof of income. Ask for written confirmation of the release as of the replacement’s move-in date. Without that confirmation it is hard to prove in a dispute that the landlord agreed.
Also clarify deposit, handover and decoration duties. Document the handover with a record, see handover record for a flat. For the deposit see getting your deposit back.
Frequently asked questions
Do I have a right to release if I provide a replacement tenant?
Not automatically. According to the BGH a right can exist if you provide a suitable and reasonable replacement and have a legitimate interest. Whether it exists in your case also depends on the contract and on an agreement with the landlord.
What is a replacement-tenant clause?
It is a provision in the tenancy agreement under which the tenant gets out of the contract earlier by providing a replacement. It makes the legal position clearer. Check your contract for one.
May the landlord reject several replacement tenants?
Only for weighty reasons. If the landlord rejects several suitable candidates without good reason, the rejection can be in bad faith. In a dispute you must prove that.
Do I have to bear the advertising costs?
Whether you must pay costs for finding a replacement depends on the agreement. In the case decided by the BGH, the landlord had also claimed advertising costs. Clarify this in writing.
Is it enough to simply move out?
No. Moving out does not end the contract. You owe the rent until the end of the notice period unless a release is agreed.
What to do now
- Check your contract for a replacement-tenant clause and the notice period.
- Give notice in time and, if possible, early in the month so that the deadline is safely met.
- Write to the landlord and propose one or more suitable replacement tenants.
- Have the release for a fixed date confirmed in writing.
- Document the handover and settle the deposit.
Related guides
- Housing while studying: rent, shared flats, dorms and housing benefit
- Notice period for a shared-flat room
- Sublets for students: what is allowed and what is not
- Semester abroad and your flat: terminate or sublet
- Student Tenancy Agreement: What You Should Check Before Signing
Sources: BGH, judgment of 22 January 2003, VIII ZR 244/02 (in German); Section 573c BGB, notice periods, Gesetze im Internet (in German); Section 540 BGB, sublets, Gesetze im Internet (in German); Berliner MieterGemeinschaft, several tenants in one tenancy (in German), accessed November 2026.
Last updated: November 2026. This guide is general information, not individual advice.
