Leaving Your Lease Early in Germany: Nachmieter (2026)

Leaving your lease early: the key fact first

You want to leave the flat before the normal Kündigungsfrist (notice period) runs out – a new job, moving in with a partner, or a fixed-term contract still binding you. The calm truth first: the regular route is the ordentliche Kündigung (ordinary termination) with three months' notice (§ 573c BGB). For exactly how that works, see our guide Ending your lease as a tenant.

If three months is too long, you need one of the special routes – and the most important is to propose a Nachmieter (replacement tenant). This guide explains when that actually works.

Is there a right to install a Nachmieter?

This is the biggest misconception: there is no general statutory right to be released from the contract the moment you name a Nachmieter. If your Mietvertrag (rental contract) contains no such clause, the landlord generally does not have to accept a replacement you propose – they may insist on the notice period.

Leaving early becomes possible only in three situations:

1. A Nachmieterklausel in the contract – if there is one, it governs the rest.
2. A berechtigtes Interesse / hardship – exceptionally the landlord must release you in good faith (§ 242 BGB).
3. An Aufhebungsvertrag – you and the landlord agree voluntarily.

The Nachmieterklausel: true or semi?

Check your Mietvertrag first. A Nachmieterklausel comes in two forms:

• Echte (true) Nachmieterklausel: the landlord commits to taking on a suitable Nachmieter you provide. This is the strongest case for you.
• Unechte (semi) Nachmieterklausel: you may demand release from the contract if the landlord accepts the successor – but they are not forced to take your particular candidate.

In both cases the proposed Nachmieter must still be geeignet und zumutbar (suitable and reasonable) – see below.

Berechtigtes Interesse: when the landlord must exceptionally cooperate

Without a clause, only a berechtigtes Interesse that clearly outweighs the landlord's interest in continuing the lease helps you (§ 242 BGB). Recognised hardship cases include:

• a work-related move to another city,
• a serious illness or a necessary move into a Pflegeheim (care home),
• family reasons such as marriage, moving in together, or a new child making the flat too small.

But even then you are freed only if you offer the landlord a zumutbaren Nachmieter. The legitimate interest alone is not enough – both must come together.

When is a Nachmieter "zumutbar" (reasonable)?

The popular idea that you simply propose three Nachmieter and are then free is a legal myth – there is no fixed number. It is not about quantity but suitability. A zumutbarer Nachmieter is:

• solvent – demonstrably able to pay the rent,
• willing to enter the existing contract on exactly the same terms,
• with no objective reason against them.

The landlord may refuse a Nachmieter only on objective grounds (such as insufficient creditworthiness), not arbitrarily. To be safe, propose several suitable candidates and gather proof of solvency (Bonitätsnachweise).

Important: Until the landlord releases you from the contract in writing, or an accepted Nachmieter takes over – or the ordinary notice period ends – you owe the full rent (§ 535 BGB). Never rely on a verbal promise. Have the release and the exact end date confirmed in writing before you move out.

Three routes compared: which fits you?

Route	When it applies	What you need
Ordentliche Kündigung (§ 573c BGB)	open-ended contract, three months' notice is acceptable to you	only the timely, signed termination letter
Stellen a Nachmieter	you want out before the period; there is a Nachmieterklausel or a legitimate interest	a solvent, zumutbaren Nachmieter + proof of hardship if relevant
Aufhebungsvertrag	the landlord agrees to end the tenancy by mutual consent	both sides agree voluntarily, in writing with an end date

Zeitmietvertrag and Kündigungsverzicht: here the Nachmieter is your main escape

With a true Zeitmietvertrag (§ 575 BGB, valid only with a recognised reason for the term, such as Eigenbedarf or commercial use) or an agreed Kündigungsverzicht, you cannot give ordinary notice at all before the agreed end. Then in practice only the Nachmieter route – combined with a legitimate interest – or an Aufhebungsvertrag remains.

One detail is worth checking: under BGH case law a standard-form Kündigungsverzicht is valid only up to four years from signing and must apply to both sides. A one-sided waiver by the tenant alone unreasonably disadvantages you (§ 307 BGB) and is invalid. So it is worth checking whether the clause even binds you.

Step by step

1. Check the contract – is there a Nachmieterklausel? Is it a Zeitmietvertrag or a Kündigungsverzicht? When does it run until?
2. Choose your route – ordentliche Kündigung, Nachmieter, or Aufhebungsvertrag (see the table).
3. Inform the landlord early and in writing – state your preferred date and your berechtigtes Interesse.
4. Find suitable Nachmieter – solvent, willing to take over on the same terms; collect Bonitätsnachweise.
5. Agree the release in writing – end date, handover, Kaution; nothing verbal.
6. Keep paying rent until released – only the written confirmation ends your payment duty.

Common mistakes

• Relying on the three-Nachmieter rule – it does not exist in law.
• Treating a verbal promise from the landlord as binding.
• Moving out before the written release and assuming rent stops automatically.
• Proposing an unsuitable Nachmieter (no proof of solvency, wants different terms).
• Ignoring the deadline – if the Nachmieter falls through, you still need a timely ordentliche Kündigung as a plan B.

With HausMaus it's simpler

HausMaus is free for tenants. If the Nachmieter route falls through, or three months turns out to be fine, HausMaus generates your ordentliche Kündigung with the correct notice period under § 573c BGB as a ready-to-sign letter. A deadline tracker keeps the next possible end date in view, and the document vault safely stores the landlord's written release or your Aufhebungsvertrag – your most important proof that your payment duty has ended.

See pricing – 1 % of collected rent, free for tenants →