new tenant
A subsequent tenant is a tenant who takes over a rented apartment that has become vacant or has become vacant .
Germany
There are in Germany not contrary to popular opinion no general legal right to early termination of a lease, if the previous tenant provides one or more tenant the landlord. Such a right can thus be asserted either on a goodwill basis or on a contractual basis (if the rental agreement contains a corresponding clause, which is seldom in normal rental agreements).
As an exception, the tenant may provide a new tenant if it is unreasonable for the tenant to maintain the tenancy until the end of the statutory notice period due to special circumstances. Such special circumstances can be professional reasons (e.g. loss of job), health reasons (e.g. if the tenant has to move to an old people's or nursing home) or an addition to the family if the existing apartment is clearly too small for the family. In such a case, the landlord may only refuse the new tenant if the new tenant does not have the economic capacity to meet his contractual obligations, or if the new tenant violates the landlord's moral or religious beliefs in a particular way. However, the landlord is to be given sufficient reflection time, which, according to case law, is up to three months. If the landlord rejects a new tenant for no objective reason, the previous tenant is exempt from further rent payments from the point in time at which the new tenant could have moved into the apartment.
The suggestion of a new tenant is usually in the interest of the tenant, as he or she wants to leave the tenant's fixtures and fittings in the leased property to the new tenant in return for a redemption payment or the subsequent tenant wants to continue the tenancy with the tenant before the end of the term of the lease and thus also the landlord pays rent owed.
Tenants are usually contractually obliged to let prospective tenants or buyers inspect the apartment in the interests of the landlord. However, he does not have to let people he does not know into the apartment, but is entitled to have his identity card presented.
Legal regulations that apply when a new tenant takes over the apartment are often misinterpreted and are often based on anecdotal background. The color of the wall can remain in the apartment after the old tenant has moved out, if the assumed new tenant agrees. The property management can then no longer request a new coat of paint from the old tenant. However, a renovation of the apartment cannot be handed over to the new tenant without the consent of the property management.
In the event of a change of tenant, the landlord is not obliged to enable the previous tenant to sell furnishings to the new tenant via a transfer fee . He also does not have to accept a new tenant recommended by the tenant who wants to pay the required fee. If he chooses another prospective tenant who does not want to pay the transfer fee, the landlord does not make himself liable for damages to the old tenant.
Switzerland
In Switzerland , tenants who want to leave an apartment early are obliged to provide a suitable replacement. There are different rental notice periods in each canton , but for all cantons the tenant may no longer be used for the remaining rents if he can provide a suitable replacement.
Individual evidence
- ↑ Keyword: new tenants - only with prior written agreement - tenants' association Cologne
- ↑ Mieterschutzbund Berlin: Entering the rented rooms by the landlord ( Memento from February 11, 2012 in the Internet Archive ).
- ↑ Summary of important laws and judgments for tenants and subsequent tenants in Berlin ( Memento of November 24, 2013 in the Internet Archive ).
- ↑ Munich District Court, judgment of July 6, 2009, Az. 412 C 3825/08
- ↑ Tenants' Association: Subsequent tenants & extra-time move-out
