Shorten the notice period with a new tenant

Rental contracts are usually not terminated prematurely - despite a new tenant

If you can get an existing one quickly and at no cost rental contract want to dissolve, i.e. shorten the notice period, you have to consider a few things. The mere fact that you can find a new tenant to take over your contract is not enough.

• In principle, only rental contracts that have been concluded for an indefinite period can be terminated. So if you have signed a lease for a certain period of time, for example to exclude rent increases, you have to fulfill the contract.
• If you have concluded an open-ended rental agreement in which the statutory notice period is agreed, you must comply with this. Tenants can terminate with a notice period of 3 months, this period must be observed in principle. The position of a new tenant does not change anything.
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• Rental contracts in which longer notice periods have been agreed (contractually agreed waiver of termination) must be observed in principle.
• Conclusion: The statutory notice period of 3 months can never be shortened and agreements It is not possible to terminate the contract over a longer period of time or the end of the contract at a specified time will.


Legal notice period for commercial leases - useful information

The statutory notice period for commercial leases is regulated differently than for ...

The special right of termination shortens the notice period

Here, the rights of the tenant and the landlord are fundamentally weighed up. In most cases, longer notice periods were agreed to benefit the tenant, but now the tenant must also accept the disadvantages. But no rule without exceptions:

• If you have to move to another city for professional reasons, you have an extraordinary right of termination, in which case the subsequent tenant regulation applies. But be careful, the emphasis is on "must". If you are voluntarily transferred to another city, you have no cause for extraordinary termination.
• Family and health reasons can also be an extraordinary reason for termination, for example, if the family grows or you no longer stay in the home due to illness can.
• If the house in which you live is neglected, the apartment has significant defects, this can even be an extraordinary reason for termination, for which you do not have to provide a new tenant. Even if the landlord gives you a reason to terminate without notice, you can terminate the contract without providing a replacement tenant.
• The desire to move into a cheaper apartment or the fact that you have found a cheaper place to stay is certainly not an extraordinary reason for resignation.
• Tenants can only be advised to come to an amicable agreement with the landlord about the termination and to conclude a termination agreement, because weighing up the individual cases is time-consuming and time-consuming Long. Usually the judgment is only made at a point in time when the contract has already ended. The landlord's right to fulfill the contract is critically contrasted with your right to premature termination. Is the transfer necessary at that time? Can it be postponed? Is commuting reasonable? What distance to the workplace can still be expected? Such questions will need to be resolved.

Shortening the notice period with a new tenant

Unless the reasons for an extraordinary termination are available, you now have to look for a new tenant.

• All activities such as advertising, inspection of the apartment, determination of the relevant data of the tenant, must be carried out by you and documented to the landlord. You don't have to find the perfect tenant, but you do need to find one who is similar in profile to you. If you lived in the apartment alone, the landlord does not have to accept a family with 5 children, if you did not have pets, the landlord does not have to tolerate dogs or cats.
• The prospective tenants must be ready to enter the rental agreement without any changes. You also have to ensure contact between the new tenant and the landlord. A list with the telephone numbers of possible interested parties that you give the landlord is certainly not enough.
• The landlord has the right to think about the new tenants - he can take his time with this for up to 3 months. The landlord may also demand an appropriate rent increase.
• If the landlord does not accept suitable new tenants, you will be legally treated as if a new tenant had taken over your contract.
• Shortening the notice period is also difficult if you are providing a new tenant. The assumption that the statutory notice period of 3 months can also be circumvented is wrong.