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Subsequent tenant; information on requirements
If a tenant wishes to terminate a temporary tenancy agreement prematurely, they can provide a replacement tenant if this has been agreed in the agreement. Otherwise, the landlord is only obliged to release the tenant from the contract in exceptional cases in exchange for a replacement tenant.
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Procedure details
Description
The landlord is generally not obliged to release the tenant from the tenancy agreement prematurely, even if the tenant provides a new tenant. Exceptions may arise from the principle of good faith (Section 242 BGB). This depends on a balancing of interests. The tenant is only entitled to early termination of the contract if his legitimate interest in doing so significantly outweighs the landlord's interest in the continuation of the contract. A tenant's legitimate interest may be considered, for example, in the event of a serious illness, an unforeseen job transfer or a significant reduction in the size of the household (e.g. following a divorce). However, the reasons must not have been foreseeable at the time the tenancy agreement was concluded or have been brought about by the tenant themselves (e.g. change of job of their own choosing).
In addition, adherence to the contract must mean hardship for the tenant. This is generally not the case if there is only a short remaining rental period. If it is an open-ended tenancy agreement that is subject to the statutory notice period of three months, there will rarely be a case of hardship. The situation is different in the case of a multi-year fixed-term tenancy agreement or if a multi-year waiver of termination has been agreed.
Furthermore, the right to early termination of the contract requires that the conclusion of the contract with the new tenant is reasonable for the landlord. This first requires that the new tenant unconditionally enters into the existing contract for the remaining rental period. The landlord does not have to agree to a change in the terms of the contract. Furthermore, the replacement tenant must be reasonable for the landlord in terms of his personal circumstances. The circumstances of the individual case are decisive, although no exaggerated requirements should be imposed. For example, the new tenant must have a secure income. The landlord does not have to accept significantly higher occupancy of the apartment.
Legal bases
Status: 05.03.2025
Editorial responsibility Bayerisches Staatsministerium der Justiz
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