Change of tenant checklist

How the list calculates the end of the tenancy

When your tenant gives notice, the period is always three months (§ 573c (1) BGB): if the notice arrives by the third working day of a month, that month counts, and the tenancy ends at the end of the month after next. Saturday counts as a working day, Sundays and public holidays do not.

If the notice arrives on the third working day of March, the tenancy ends at the end of May; one day later, at the end of June. All other deadlines in the list follow from the end date. The notice period calculator also takes the public holidays of your federal state into account.

If you and your tenant agreed a waiver of notice or signed a fixed-term lease, the date in the lease applies.

What to check in the notice

A valid notice from your tenant is in writing and signed by all tenants named in the lease; an email or a messenger message is not enough. If a signature is missing, talk to your tenant directly before you start re-letting.

Confirm receipt and state the end date; the list suggests two weeks after receipt. You work out the end of the tenancy with the notice period calculator. At the same time, arrange a pre-inspection: it clarifies what still needs to be done before move-out, and you know early whether renovation is needed.

The order of a change of tenant

A change of tenant has five phases that partly overlap: handle the notice, re-let, renovate, complete the move-out and let the new tenant move in. Re-letting is best started right after the pre-inspection so that the gap between move-out and move-in stays as short as possible.

1. Check and confirm the notice and arrange a pre-inspection.
2. Set the new rent, have the energy certificate ready and publish the listing with photos.
3. Announce viewings in good time, obtain tenant self-disclosures, check creditworthiness and draw up the lease.
4. Get quotes from tradespeople and set a schedule between move-out and move-in.
5. Complete the move-out with protocol, meter readings and interim reading.
6. Move-in with protocol, landlord's confirmation of residence and deposit, then settle the previous tenant's deposit and service charges.

How high the new rent may be

If the rent cap applies in your municipality, the new rent may be at most 10 % above the local comparative rent at the start of the lease. If your previous tenant paid more, you may agree that rent again; reductions and increases in the last year before they moved out do not count (§ 556e (1) BGB).

If you rely on the previous rent, you must tell the new tenant unprompted and in text form before signing (§ 556g (1a) BGB). You check the permitted rent with the rent cap calculator and the choice of applicants with the tenant selection checklist.

The previous tenant's deposit and service charges

Your previous tenant receives a service charge statement for their share of the billing period, with their prepayments. You settle as usual after the period ends, not on the move-out day, and the twelve-month deadline applies here too (§ 556 (3) BGB).

The split follows the lease term, not the key handover. For heating and hot water an interim reading is mandatory when the occupant changes (§ 9b HeizkostenV). You calculate the shares of previous tenant, next tenant and vacancy with the change-of-tenant service charge calculator.

You settle the deposit within a reasonable period and record deductions and payout in writing. You must claim damages for damage to the flat within six months of the return (§ 548 BGB). The flat handover checklist guides the handover appointment.

Typical change of tenant mistakes

In a change of tenant, formal errors and forgotten readings cost the most money, because they only show months later in the statement or the rent.

• Treating a notice by email as valid.
• Agreeing the higher previous rent without disclosing it in text form before signing.
• Forgetting the interim reading of the heat cost allocators.
• Spreading the costs of an empty month over the other tenants; you bear the vacancy yourself.
• Planning renovation without a buffer, so the new tenant cannot move in on time.