Mastering the challenges of changing tenants
A change of tenant in Erlangen can be a challenge for landlords and tenants alike. A proper handover of the flat, the correct handling of the deposit and any cosmetic repairs must be carefully planned. If you take the right steps early on, you can avoid unnecessary conflicts and ensure a smooth handover.
Early planning of the change of tenant
A well-planned change of tenant minimises stress and costs. Important aspects that you should consider:
📌 Meet deadlines: Check notice periods in the tenancy agreement and legal requirements.
📌 Start looking for a new tenant: The search for a suitable new tenant should begin at an early stage.
📌 Organise a flat viewing: Arrange appointments with interested parties in good time.
📌 Prepare deposit statement: Check for possible damage and settlements for ancillary costs.
💡 Tip: Clarify in advance which repairs or cosmetic repairs must be carried out by the tenant moving out according to the tenancy agreement.
Flat handover - What to look out for?
A detailed handover protocol protects both tenant and landlord from later disputes.
Checklist for the flat handover:
✅ Hand over the flat swept clean: The tenant must leave the flat clean and tidy.
✅ Handing over the keys: All keys provided (incl. cellar, garage) must be returned.
✅ Read meter readings: Document the current values for electricity, gas and water.
✅ Create a handover protocol: Make a note of any defects or damage with photos.
✅ Clarify deposit repayment: Check any outstanding claims or necessary repairs.
💡 Tip: Have both parties sign the handover protocol to avoid disputes later on.
When is the tenant responsible for repairs?
Cosmetic repairs are a frequent point of contention when tenants move out. The following applies here:
🔹 Contractual renovation obligations: The tenancy agreement regulates whether and which renovation work the tenant must undertake.
🔹 Normal wear and tear vs. damage: Minor signs of use are permitted, while major damage must be repaired by the tenant.
🔹 To paint the walls or not? If the tenancy agreement contains a clause stipulating that the property must be returned in neutral colours, the tenant must paint coloured walls white.
💡 Tip: Check whether the renovation clauses in the tenancy agreement are legally permissible. Not every provision is automatically effective.
Finding a new tenant: How do you find the ideal tenant?
A quick change of tenant means fewer vacancies for landlords. You should bear these points in mind:
Tenant inspection:
✅ Request proof of income or payslips
Obtain a certificate of no rent arrears from the previous landlord
✅ Use SCHUFA information for a credit check
Where can suitable tenants be found?
📍 Online property portals
📍 Social networks & regional groups
📍 Recommendations from existing tenants
💡 Tip: A detailed rental offer with photos and a clear description of the flat attracts more qualified prospective tenants.
Legal aspects of changing tenants in Erlangen
In addition to the pure handover of the flat, there are legal points that tenants and landlords should consider:
📌 Rental deposit: Must be repaid within a reasonable period after acceptance of the flat, provided there are no outstanding debts.
📌 Service charge settlement: After moving out, the statement of operating costs can still lead to additional claims or repayments.
📌 Reregistration of the tenant: The new tenant must register with the City of Erlangen within 14 days.
💡 Tip: Have all important agreements confirmed in writing to avoid misunderstandings.
Conclusion: How to ensure a smooth change of tenant
A change of tenant in Erlangen requires careful planning and transparent communication. Landlords benefit from an early search for a new tenant and a structured handover of the flat. Tenants should take care of their re-registration and the proper return of the flat in good time.
✅ Look for a new tenant early on
Document flat handover with a protocol
✅ Observe the legal requirements for deposits and billing
✅ Check rental agreement & renovation obligations carefully
💡 Tip: Good communication between tenant and landlord helps to avoid disputes and speed up the switching process.
Frequently asked questions about changing tenants in Erlangen
Depending on the tenancy agreement, either the tenant or the landlord is responsible for renovations. Minor wear and tear is part of normal residential use.
Usually within 3 to 6 months after moving out, as soon as all outstanding service charges have been settled.
Only if this has been agreed in the tenancy agreement or if early termination of the contract is desired.
Landlords can offset repair costs against the deposit or take legal action.



Disclaimer
The information, recommendations and legal explanations contained in this guide are intended solely as non-binding advice. We assume no liability for the timeliness, accuracy or completeness of the information. This is not legal advice in the legal sense, and the contents cannot replace individual advice from a qualified lawyer or tax consultant.For legal issues arising in connection with property sales, the drafting of contracts or tax aspects, it is essential to seek professional legal advice. Our advice only provides an initial orientation and cannot represent a customised solution due to the complexity of the legal situation.
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