Leaving Your Lease Early in Germany: Nachmieter (2026)
Leaving Your Lease Early in Germany: Nachmieter
There is no automatic right, only through a successor clause, a legitimate interest, or a surrender agreement.
In all three you must propose a solvent, reasonable successor willing to take over on exactly the same terms. Until you are released in writing, you keep paying rent.
§ 242 BGBIn 60 seconds
There is no automatic right to propose a successor and leave early; normally you give three months' notice (§ 573c BGB).
Three routes get you out sooner: a successor clause in the tenancy, a legitimate interest or hardship via good faith (§ 242 BGB), or a surrender agreement.
Under a true successor clause the landlord undertakes to accept a suitable successor; under a false one they need not take your particular candidate.
A reasonable successor is solvent, willing to enter the existing tenancy on exactly the same terms, and open to no objective objection.
Until the landlord releases you in writing, an accepted successor takes over, or the ordinary period expires, you owe the full rent (§ 535 BGB): never rely on a verbal promise.
What the law says
An obligor must perform in the manner required by good faith, having regard to accepted practice. From that principle the case law derives that a landlord must exceptionally release a tenant early where a legitimate interest exists and a reasonable successor is offered. No general right follows from it. Working translation; the German original is the binding text.
Three routes compared
| Route | When it applies | What you need |
|---|---|---|
| Ordinary notice (§ 573c BGB) | an open-ended tenancy, and three months suits you | just the timely, signed notice letter |
| Proposing a successor | you want out before the period; there is a successor clause or a legitimate interest | a solvent, reasonable successor, plus evidence of hardship if relied on |
| Surrender agreement | the landlord agrees to end it by consent | a voluntary agreement on both sides, in writing with an end date |
With a fixed-term tenancy or an agreed waiver of notice, a successor is often your only way out, because ordinary notice is precisely what is unavailable there.
Related: Giving notice as a tenant.
What it means for each side
- Check the tenancy for a successor clause first.
- Tell the landlord early and in writing, with your target date and your reasons.
- Propose solvent candidates willing to take over on the same terms.
- Keep paying rent until released in writing.
- Assess proposed successors objectively for solvency and suitability.
- A true successor clause binds you; a false one does not.
- Record the release, the end date and the deposit handling in writing.
- Where the tenant has a legitimate interest, good faith may bind you.
Common mistakes
It does not exist in law.
Until you are released in writing, you owe the full rent.
Leaving does not end the obligation to pay.
They must be solvent and willing to enter on exactly the same terms.
What to do next
Check the tenancy: a successor clause, a fixed term, or a waiver of notice? How long does it run?
Choose the route: ordinary notice, a successor, or a surrender agreement.
Tell the landlord early and in writing, and find suitable successors with proof of means.
Agree the release, end date, handover and deposit in writing, and pay rent until then.
Frequently asked questions
Can I leave my lease early?
With an open-ended contract you give ordinary three months' notice (§ 573c BGB), that is the regular route. You genuinely leave sooner only if the Mietvertrag contains a Nachmieterklausel (replacement-tenant clause), if you have a berechtigtes Interesse (legitimate interest, e.g. a work move, illness, care home), or if the landlord agrees to an Aufhebungsvertrag. There is no general legal right to be released the moment you name a Nachmieter.
Does the landlord have to accept a Nachmieter?
Without a Nachmieterklausel, generally no. Only if your legitimate interest in leaving early clearly outweighs the landlord's interest in continuing the lease (good faith, § 242 BGB) and you propose a zumutbaren Nachmieter must the landlord release you. An 'echte' (true) Nachmieterklausel obliges the landlord directly; an 'unechte' (semi) one only obliges release if the landlord accepts the successor.
How many Nachmieter do I have to propose?
The common 'three-Nachmieter rule' is a legal myth. There is no fixed number. What matters is not the count but that at least one proposed Nachmieter is suitable and zumutbar: solvent, willing to take over on exactly the same terms, and with no objective reason against them.
What is an Aufhebungsvertrag?
An Aufhebungsvertrag (mutual termination agreement) is a voluntary agreement by which tenant and landlord end the tenancy on a set date, regardless of notice periods or clauses. Both must agree freely; neither side can demand it. Always record the end date and the handover in writing.
Do I keep paying rent until the Nachmieter moves in?
Yes. Until the landlord officially releases you, by Aufhebungsvertrag or by an accepted Nachmieter taking over, or until the ordinary notice period ends, you owe the full rent (§ 535 BGB). Always get the release confirmed in writing.
Can I terminate a Zeitmietvertrag early?
A true Zeitmietvertrag (fixed-term lease, § 575 BGB) or a contract with a Kündigungsverzicht (waiver of the right to terminate) cannot be ended by ordinary notice before its term. The main escape is a zumutbaren Nachmieter combined with a legitimate interest, or an Aufhebungsvertrag. A standard-form Kündigungsverzicht is also valid only up to four years from signing and must apply to both sides (§ 307 BGB).
This page gives general information as at the date shown. It does not replace legal advice on an individual case.