Looking for a new tenant
August 11, 2010 | 30,00 EUR | answered by Tobias Rösemeier
I have terminated my apartment and can and want to move out before the end of the rental period. My landlord has hired a broker to rent out the apartment, but so far without success.
Am I allowed to try to find a new tenant myself and offer the apartment without a commission, in order to limit my own loss and reduce financial damage, even though a broker is also trying to rent out the apartment?
I think that a commission of 600 euros may deter many potential tenants, but I would be able to get rid of the apartment faster on my own.
Dear questioner,
I will answer your question as follows:
Of course, you can try to find a replacement tenant, as this is clearly in both parties' interests.
However, I must point out that if your lease does not contain a so-called "replacement clause," your landlord is not obligated to accept a potential new tenant proposed by you.
The legal situation is as follows:
The tenant is generally obligated to pay rent until the end of the contract term – and thus until the end of the notice period. If the lease does not contain a "replacement clause," there is no right to terminate the contract early.
Exceptions may be possible in individual cases if the tenant has a legitimate, overriding interest in terminating the contract and the new tenant is acceptable to the landlord. The prerequisite is that the reason for the overriding interest arose after the conclusion of the lease and was not intentionally caused by the tenant.
Early termination of the contract by providing a replacement tenant may be considered in cases such as serious illness, unforeseen job transfer, or significant changes in family size. The proposed replacement tenant must be financially stable and willing to enter into the lease without restrictions.
If the right to provide a replacement tenant exists, the landlord is also obliged to accept a reasonable replacement tenant. If he refuses or discourages potential tenants by increasing rent demands, the tenancy with the old tenant still ends at the time when the replacement tenant would have been willing to enter into the lease.
Therefore, in case of doubt, you should make a binding agreement with your landlord in which he agrees to release you from the lease prematurely if you provide a suitable replacement tenant.
I hope I have provided you with a sufficient overview of the legal situation within this medium.
Best regards,
Tobias Rösemeier
-Attorney-at-law-
