Lease structure
Review of whether assignment, release, or a new contract is the better structure.
Tenant change
Berlin and across Germany
Tenant Change in a Lease – Lawyer
Lease takeover, release, and liability questions in Germany
If the composition of tenants is to change, especially in a shared flat, the key issues are lease takeover, the landlord's consent, and who remains liable for existing or future obligations.
These points often matter most in cases like this:
- ›Review of whether a true tenant change or only a side agreement makes sense
- ›Assessment of consent requirements and the landlord's response position
- ›Evaluation of liability, deposit issues, and any open claims
- ›Clear lawyer guidance on a legally sound restructuring of the lease
You receive a clear first assessment of how the tenant change can be implemented on sound legal terms.
Important to know: In tenant-change situations, liability for old and new obligations should be regulated expressly.
Full service in English language
What a tenant-change review usually covers
Landlord consent
Assessment of what cooperation is needed from the landlord side.
Liability and deposit
Evaluation of who remains responsible for arrears, damage, or the deposit.
Difference from subletting
Clear guidance on whether the situation is legally closer to subletting.
Frequently asked questions
Can one tenant simply leave the contract?
Not just like that. What matters is what is validly agreed with the landlord and any co-tenants.
Does the deposit matter when tenants change?
Yes. The allocation and later settlement should be regulated carefully.
What is the difference from subletting?
A tenant change concerns the actual contractual party, while in subletting the main tenant remains in the tenancy.
Can open rent arrears complicate this?
Yes. Existing arrears or liability issues should be reviewed early as part of the change.
Is this part of general tenancy law?
Yes. Tenant changes are typical tenancy-contract structuring issues.
Mandant
a week ago
Highly competent and professional advice. Dr. Lerch works in a structured, efficient, and solution-oriented manner. I was particularly impressed by his ability to clearly and concisely explain complex legal issues and derive concrete courses of action from them. Agreements were reliably kept, feedback was prompt, and communication was consistently straightforward and professional. I was very satisfied with the advice and can wholeheartedly recommend Dr. Lerch!
Mandant
3 weeks ago
Dr. Lerch promptly returned my initial inquiry, and we were quickly able to schedule a personal consultation. He professionally addressed my concerns and took action. Any questions I had were answered quickly; he was friendly, empathetic, and offered a highly professional and honest opinion. I would definitely consult him again for legal advice.
Mandant
4 months ago
Mr. Lerch provided me with highly professional, calm, and dedicated support throughout my legal proceedings. I particularly appreciated his honest assessment of my case and the clear communication he maintained throughout the entire process. Thanks to his strategy and preparation, we achieved a significantly better outcome than originally anticipated in the penalty order. I felt well-advised and taken seriously at all times. I can therefore wholeheartedly recommend Mr. Lerch and thank him again for his support. B. Paal
How it works
Step 1
Describe the issue
You briefly describe the situation and send the key documents or notices.
Step 2
Have the documents reviewed
I review the contract position, deadlines, correspondence, and the legal starting point.
Step 3
Receive clear guidance
You receive clear guidance on how the situation should be assessed legally.
Step 4
Agree on next steps
If further action makes sense, we agree on the next steps in a structured way.
About Dr. Lerch
Dr. Philipp Lerch handles tenancy matters with a focus on clear legal assessment, understandable communication, and practical next steps. In tenant-change matters, it is often crucial to separate the lease structure, consent questions, and allocation of liability.
Related pages
Subletting
If the situation looks more like subletting than a true tenant change.
Tenancy termination agreement
If the change makes more sense as part of an orderly termination.
Tenancy law
The overview page for lease-structure questions and ongoing tenancies.