What are the rules for swapping rental contracts in Germany?

Germany’s affordable housing crisis has made flat swapping more common. So if you’re planning a swap, which rules should you familiarise yourself with in advance?

Housing crisis causing flat swap surge

According to a study commissioned by the WWF, one in 10 households in Germany is overcrowded, and around half of tenants live in an apartment too large for their needs.

With finding somewhere affordable to live becoming increasingly difficult in recent years, and new rental contracts often coming with significant rent increases, more renters have turned to house swapping as a solution.

As a result, platforms such as Wohnungstausch.de and ImmoScout24 have seen an uptick in swap listings. In mid 2025, 43 percent of the 5.738 listings on ImmoScout24 were swap listings.

Despite the popularity of flat swapping, demand is uneven. Currently, far more people are looking for a bigger flat (e.g. families with children) than those looking to downsize (often pensioners).

Another point worth mentioning is that you don’t have to live in Germany to take advantage of flat swapping. Maybe you live in Barcelona and are planning a move to Berlin; you might just find someone planning exactly the opposite.

So if you are lucky enough to have a rental contract in your name which you can use as a bargaining chip, what rules should you keep in mind before and during your swap process? Speaking to public broadcaster ZDF, Jutta Hartmann from the German Tenants’ Association (DMB) explained the basics:

1. Register on a flat swap platform

If you want to swap flats, first register on a flat-swapping platform, such as ImmoScout24, Wohnungswap.de or Tauschwohnung.de. Some platforms demand a fee. 

However, depending on where you live, many cooperative and local platforms also exist. Some German city authorities or large housing companies even have websites dedicated to flat-swap listings. You should list the details of your current flat and what you are looking for.

2. Viewing flats and contacting landlords

If you think you have found a match, it is time to organise a flat viewing with your prospective exchange partner. 

If you are both interested in moving forward, approach your respective landlords and let them know you are interested in a swap and have found a potential candidate.

This is a crucial stage, and where many flat swap plans falter, since tenants have no right to swap flats and must get full permission from landlords. The DMB has long campaigned for the German government to introduce a right-to-swap law. If you carry out a flat swap without your landlord’s permission, they may be entitled to terminate your rental agreement.

3. Check rent increases carefully

Once there is an agreement from all four sides: the swapping parties and their respective landlords, you can put wet ink to the contract and plan your move.

But before you do, look carefully at your new contract. According to Hartmann, tenants should review the following aspects: any rent increases, utility costs, possible index or graduated rents, contract termination rules, agreements for aesthetic repairs, installations, and any furniture included. If you are happy with the conditions, you can sign your new contract.

Hartmann explains that many people planning a swap think they will be able to take over an existing tenancy at a favourable rent, but here lies disappointment. “In principle, no entitlement to the previous terms and conditions, in particular the rent amount, is carried over,” the DMB representative told ZDF. 

So tenants swapping should expect a rent increase in most cases, but the increase amount should still be legal according to Germany’s rent brake law. 

If you are uncertain about the legalities of certain aspects of your contract, you can contact your local tenants association for advice before you sign. However, you must be a paying member of most tenants’ associations for about three months before you can take advantage of the free legal advice they offer. So best to sign up at the beginning of your search process.

4. Draw up a “handover protocol”

Once you’ve signed a contract you’re happy with, you can begin the moving process. Some landlords might draw up a handover protocol (Übergabeprotokoll), but if they don’t, nothing prevents you from doing it yourself.

A detailed handover protocol records the condition of the flat when you move in, and can include photos. “This brings clarity and means confrontations can be avoided in the future,” Hartmann told ZDF.

5. Moves must be carefully coordinated

Another aspect of flat swapping which is often underestimated is the logistics of moving day. Most flat swap moves must be coordinated on the same day so that both parties have a new home to go to.