What is a Nachmieter?

A Nachmieter is a replacement tenant who takes over an apartment, usually so the current tenant can leave before the ordinary notice period ends. The new tenant signs a fresh contract with the landlord; it is not a transfer of the old one.

Does a landlord have to accept a proposed Nachmieter?

Usually no. A landlord is only obliged to accept a suitable replacement in narrow cases, for example a fixed-term contract with an exclusion of ordinary termination, or an explicit Nachmieterklausel in the lease. Otherwise the tenant must serve the normal notice period.

Who chooses the new tenant, the old tenant or the landlord?

The landlord. The outgoing tenant may propose candidates, but the landlord screens and decides, and signs the new lease directly with the chosen applicant on the landlord's own terms.

How many Nachmieter must a tenant propose?

Where a duty exists, courts generally expect the tenant to propose at least one, and often up to three, genuinely suitable and solvent candidates before the landlord's obligation is discharged.

How to Find a Replacement Tenant (Nachmieter) in Germany (2026)

This article is for informational purposes only and does not constitute legal advice. We take no liability for actions based on this content.

"Nachmieter gesucht" is one of the most common phrases in German rental listings, and one of the most misunderstood. A Nachmieter is a replacement tenant who takes over an apartment, typically so the current tenant can move out earlier than the ordinary three-month notice period allows. For a landlord, a Nachmieter can mean a seamless handover with no vacancy - or a headache, if the process is handled loosely. This guide explains how it works and how to do it well.

What a Nachmieter actually is

The key point: a Nachmieter signs a new contract with you, the landlord. It is not a transfer of the old lease with its old terms. The outgoing tenant leaves, their contract ends, and you enter a fresh tenancy with the new person - on your current terms, at a rent you set now (within the legal limit). This distinction matters, because it means you keep full control of the terms.

When you must accept one, and when you do not

As a rule, you are not obliged to accept a tenant's proposed Nachmieter. The tenant can simply serve the standard notice period. There are two main exceptions:

A fixed-term or notice-excluded lease (for example a Zeitmietvertrag, or a Staffelmiete with ordinary termination excluded for a period). If the tenant cannot otherwise get out, courts may require you to accept a suitable, solvent replacement to avoid an unreasonable hardship.
A Nachmieterklausel in the contract. If the lease explicitly promises the tenant a right to propose a replacement, you are bound by it.

Outside those cases, accepting a Nachmieter is your choice - and often a smart one, because it removes a vacancy and the tenant does the initial legwork.

You screen, you decide

Even when a duty to accept exists, you choose the tenant. The outgoing tenant may present candidates, but you run the screening and sign the lease. Apply the same standard you would to any applicant: a self-disclosure form, proof of income, and a credit check. Our guide to checking a tenant's creditworthiness walks through what you may ask and when.

Where a duty applies, the tenant generally has to propose at least one genuinely suitable and solvent candidate - courts have accepted up to three as a reasonable expectation. A candidate who cannot afford the rent or fails screening does not discharge the tenant's obligation, and you are not required to take them.

Reset the rent while you can

A Nachmieter means a new lease, which is your opportunity to set the rent to the current lawful maximum. In Berlin that is capped by the Mietpreisbremse at 10% over the local comparable rent. Confirm the figure with the Mietspiegel calculator before you sign, so you neither undercharge nor exceed the cap.

Hand over cleanly

Because two tenancies end and begin close together, the handover is where deposits get disputed. Record the condition of the apartment and every meter reading in a written protocol at both move-out and move-in. Our apartment handover protocol guide explains exactly what to document. For the wider process of listing and letting, see renting out an apartment in Berlin.