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Do you want to terminate your tenancy without having to serve the notice period?

Aug 31, 2021.

Are you a residential tenant and would like to terminate your tenancy agreement outside the regular notice period? We will help you with this and give you some tips on how to avoid difficulties when moving out early.

Moving out of rented accommodation early

 

PROCEDURE

  • You need to find someone who is willing to take over your rental agreement on the same terms.
  • This person must be acceptable. For example, they must not use the property beyond its intended purpose, and they must consider the personalities and lifestyle habits of the other tenants. The landlord is not permitted to impose any strict requirements in this respect.
  • The person must be solvent, i.e. their salary must be about three times the rent. They must also be able to prove a clean credit history with an extract from the debt collection register.
  • Bear in mind that the landlord can take up to 20 days to review the submitted dossier for the new tenant and to inform you of their decision.
  • Agree with the new tenant, in writing, when they will take over the property.
  • Use our template letter to notify the landlord that you are moving out of the property early.

 

OBSTACLES

In the best case scenario, your proposed replacement tenant will be contacted quickly by the management company and will sign the agreement. This will then release you from the contract.

                                  

However, it may be the case that a potential replacement tenant is no longer interested in taking over your tenancy. They may have found another property that they prefer. In this case, you will not be released from your contract and will have to put forward a new candidate as your replacement tenant. It is therefore advisable to suggest several candidates as new tenants.

 

Your potential replacement tenant can also withdraw its interest because the landlord waited too long to contact him (more than 20 days) or because the landlord wants to change the terms of the tenancy or carry out major renovation work. In this case, you can use our sample template to inform your landlord in writing that you are still released from your contract, as you have met all of the necessary conditions.

 

OTHER TIPS

Some landlords will charge an early termination fee at the end of the contract. Such fees are illegal. You can use this template letter to dispute the charges.

 

If you have any questions about these steps, or if your landlord will not release you from the contract after you have written to them, please contact us.

About the author

“Many tenants wrongly assume that confirmation of the early departure from the landlord is sufficient. However, it is important to note that you will only be released from your contractual obligations if you have put forward a valid replacement tenant who is willing to take over the remainder of your tenancy.”

 

Andreas Cossalter, Head of First Touch Customer Experience, Fortuna Legal Protection

ABOUT FORTUNA LEGAL PROTECTION INSURANCE

Our “First Touch Customer Experience” team at Fortuna is made up of legal specialists who are dedicated to the legal problems that our policyholders face in their day-to-day lives. The team offers you immediate legal assistance via the telephone hotline and also supports our policyholders with informative articles and useful letter templates on our website.

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