Nachmieter: how to leave your lease early
When a Nachmieter (replacement tenant) really gets you out of your lease early, and what to watch for.
A Nachmieter only gets you out of your lease early if you have a Nachmieterklausel, a legitimate interest or an Aufhebungsvertrag (mutual termination agreement). Until the landlord releases you in writing, you keep paying the full rent.
What you need to leave early
You have no automatic right to leave early with a Nachmieter. These points decide whether it works.
- 1
Check your lease
Look for a Nachmieterklausel (replacement-tenant clause) in your lease.
- 2
If the clause is a true one
With a true Nachmieterklausel, the landlord must accept a suitable Nachmieter.
- 3
Without a clause: a legitimate interest
A reason like a job move or care needs can be enough without a clause, if it clearly weighs more.
- 4
Propose a suitable Nachmieter
Propose someone who can pay the rent and will take over on the same terms.
- 5
Or agree an Aufhebungsvertrag
Alternatively, you and the landlord can agree that the lease ends earlier.
- 6
Get your release in writing
Until the landlord releases you in writing, you keep paying the full rent. Never rely on a spoken promise.
Why this matters
The courts have ruled, based on the principle of good faith (§ 242 BGB), that a landlord must release you early in exceptional cases. That applies if you have a legitimate interest and propose a reasonable Nachmieter. You have no general right to leave early.
General information, not legal advice.
Frequently asked questions
Does the landlord have to accept a Nachmieter?
Without a Nachmieterklausel in your lease, the landlord usually does not have to accept a Nachmieter. The landlord only has to release you if your reason for leaving early clearly weighs more and you propose a suitable Nachmieter (§ 242 BGB).
How many Nachmieter do I have to propose?
There is no fixed number of Nachmieter you have to propose. The “three-Nachmieter rule” is a myth. One suitable Nachmieter who can pay and will take over on the same terms is enough.
Do I keep paying rent once I have found a Nachmieter?
Yes, you keep paying rent until the landlord releases you from the lease in writing (§ 535 BGB). Never rely on a spoken promise.
Also in this topic: CO₂ costs: does the landlord pay too? (CO2KostAufG 2026)How to check your Heizkostenabrechnung as a tenantCable TV in your Nebenkosten: what tenants need to know in 2026How to check your Nebenkostenabrechnung as a tenantAll guides: Termination
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