Handing over the apartment before the closing date: Do you want to leave early? You should know this

Tip for tenants: If the landlord refuses to accept the apartment, you can send the keys to him by registered mail. In this case, the flat is considered returned.

Tip for homeowners: If the tenant returns the keys, you must immediately inspect the apartment and notify the tenant of any damage, otherwise you will lose your rights.

Yes. Returning the apartment does not change the fact that the tenant must pay rent until the normal termination date. He can free himself by providing a replacement tenant for this period. All it takes is one reasonable, solvent person willing to enter into the existing lease. Still, it wouldn’t hurt to suggest a few replacement tenants. An interested party may drop out or fail to meet all requirements.

Court practice generally allows the landlord up to four weeks to review proposed new tenants. However, due to its obligation to mitigate the damage, it cannot delay the examination without reason. If the landlord does not inspect potential tenants within a reasonable time, the tenant is released from the contract. Additionally, the homeowner is not entitled to compensation for additional costs caused by moving outside the planned date. Relevant clauses that can be found in many standard rental agreements do not change this. They are invalid.

Tip for tenants: Send the landlord only copies of the application documents and extracts from the debt collection log. Keep the originals.

Tip for homeowners: You do not have to enter into a contract with the proposed replacement tenant, but you can choose another tenant. However, the previous tenant no longer owes you any interest from the day the new tenant takes over, provided the new tenant is reasonable and able to pay.

More about renting, apartment hunting and moving

It’s not equally bad everywhere

This is what a falling vacancy rate means for you

Tenants need to know this

Do landlords have to reduce rents for sauna apartments?

The objection period is about to expire

What can tenants do against high rent demands?

They go to the tenant. If the landlord uses the vacant apartment himself or gives it to a new tenant just before the start of the new lease, the old tenant will no longer have any rent debt for this period.

Landlord obligations go further. Must keep the apartment in good condition. In rare cases, one has to rent the apartment at a cheaper price, for example if it has not been rented for a long time and there is a long time left until the normal termination date. If the landlord is able to rent the apartment at a higher price after it is vacated, he must deduct the profit from the previous tenant’s debts until the normal termination date.

Tip for tenants: If the apartment is empty in winter, it is usually enough to heat it to twelve degrees. The landlord must credit you for the resulting savings.

Tip for homeowners: If your tenant cannot find a successor, you must also take action, otherwise, in the worst-case scenario, you risk losing your right to further rent (duty to mitigate damages).

Only if tenant agrees. In principle, he does not have to undergo any renovation work after leaving the flat. This also applies to maintenance work, as long as it is not urgent. However, if the tenant has already moved out, you do not need to prevent this. If the landlord makes renovations, the tenant no longer needs to pay rent.

Of course, the situation is different if the tenant has excessive wear and tear on the apartment and the landlord has to repair the damage. During this period the tenant must continue paying.

So what happens if the tenant scratches the hardwood floor in one room and the landlord immediately replaces the hardwood floor in the entire apartment? Here, the tenant only needs to continue paying for the time it takes to replace the flooring in that room.

Tip for tenants: If you later find out that the landlord has made renovations, you can claim back the excess rent paid. You must make this claim within one year of discovery.

Tip for homeowners: Offer the tenant a fair deal. In the event of damage to the tenant (unless you replace the scratched parquet) you waive any legitimate claims such as reduction in value. In return, the tenant has tolerated the renovations for the last week and continues to pay rent.