October 1, 2026, 4:43 am | Read time: 6 minutes
Since the movie “The Holiday,” the idea of swapping homes is no longer just a fantasy. In times of housing crises and high rents, it’s a reasonable consideration. For those already looking for a new place, the concept can be appealing. However, it’s not as simple legally as it appears on screen. myHOMEBOOK spoke with a lawyer about what tenants should know before swapping homes and the potential legal pitfalls.
Follow myHOMEBOOK on WhatsApp now
What is behind the concept of a home swap?
Family growth, a new job, or the desire to downsize in retirement can all be reasons to move. Finding a suitable and affordable apartment, however, can be challenging. A home swap offers a good opportunity in the housing search. Through specific online platforms, tenants can offer their own apartment and look for a suitable swap partner. The principle is simple: Person A moves into Person B’s apartment, and Person B moves into Person A’s.
What sounds simple at first is legally more complex. “A home swap does not automatically mean that two tenants simply exchange their rental contracts,” explains attorney Nicole Mutschke. Often, the existing contracts are terminated and new ones are concluded. It is also possible for a new tenant to enter an existing lease with the landlord’s consent.
Also interesting: When can the landlord withhold the deposit–and when not?
Does the landlord have to agree to a home swap?
Even if two tenants have found a suitable apartment and agreed on the swap, not everything is settled. The respective landlords must also agree. In principle, they can refuse the home swap. Mutschke explains: “This is understandable because they are getting a completely new contract partner. They do not have to accept, for example, that a reliable and solvent tenant is replaced by someone whose solvency is uncertain.” According to the attorney, there is no general legal right to a home swap. However, a right to a tenant change may be agreed upon in the lease.
There are sometimes special considerations for shared apartments. Mutschke refers to a decision by the Federal Court of Justice from 2022. According to this, a right to a tenant change can also arise from the circumstances. But even then, the conditions must be met. Such a change may be considered if it was clear from the start that the residents of a student shared apartment would likely change more frequently. However, the mere fact that it is a shared apartment is not sufficient.
Can the landlord increase the rent during a swap?
Whether the rent can change due to the home swap depends on how it is legally implemented. If a completely new lease is concluded, not only can a new rent be agreed upon, but other contract terms can also change. The legal limits still apply.
It is different if the new resident enters an existing lease. In this case, they initially assume the rights and obligations agreed upon in it. Therefore, one should carefully review the existing contract before moving in. The history of the tenancy can also play a role. “The clock is not simply reset to zero with a tenant change,” Mutschke explains. If the rent, for example, has already been unchanged for a long time and the legal conditions are met, the new tenant may face a rent increase to the local comparative rent relatively soon after moving in.
Also interesting: Rent increase–what tenants and landlords should know about it
What happens if a landlord does not agree?
Even if both tenants are already sure, the planned home swap can still fall through. If one of the involved landlords does not agree, “the swap usually fails,” says Mutschke. The agreement between the two tenants alone is not enough. It becomes particularly difficult if one of the parties has already terminated their existing lease at this point. Because a given notice cannot simply be unilaterally withdrawn. Mutschke’s advice is clear: only terminate the old apartment once the new lease or the assumption of the existing lease is actually secure.
What are the risks of a home swap without permission?
Simply exchanging keys and moving in without first talking to the landlords? That should be avoided. Because this does not automatically create a legally valid home swap. For the landlord, the previous tenant remains the contract partner and must continue to be responsible for rent payments and other obligations. At the same time, the person who has moved in does not automatically become a tenant through an agreement with the previous resident. In the worst case, the two parties have swapped homes while the associated leases remain unchanged.
What happens with the deposit and existing damages?
Deposits, damages, or restorations should also be clarified before moving in. With a new lease, the previous tenancy is first regularly terminated and settled. The previous deposit is settled accordingly, and the new tenant may deposit their own.
It can become more complicated if someone enters an existing contract. Then, according to the attorney, it should be explicitly agreed upon what happens with the previous deposit and in what condition the apartment is taken over. Particular attention should be paid to existing damages, installations, and modifications. If the new tenant takes over changes made by the previous tenant, they may later be required to restore them when moving out. Existing damages can also become problematic depending on the agreement. Therefore, it is advisable to document the condition of the apartment before taking over and to record in writing which damages or changes were already present and who is responsible for them.
Also interesting: When the landlord can offset utilities and deposit
Do I Only Have to Pay the Base Rent After Moving Out?
When are landlords actually allowed to enter a rental apartment?
These advantages and disadvantages play a role
In addition to legal questions, a home swap can also bring practical advantages and disadvantages.
Possible advantages:
- Alternative to traditional apartment hunting
- Particularly interesting if needs change (family growth or the desire for a smaller apartment)
- A coordinated move-in and move-out can facilitate the housing change
- Both parties are simultaneously looking for a suitable new apartment
Possible disadvantages:
- The consent of the involved landlords is necessary
- Both parties must find an apartment that meets their respective needs
- Depending on the swap platform, costs may arise
- A new lease may require another deposit
- Existing damages, modifications, and obligations to restore can lead to problems in a contract takeover
Check first, then terminate
Anyone who has found a suitable home swap should not rush into anything despite all the excitement. Before terminating the existing lease, it should be clarified whether the landlord agrees to the change and under what conditions the new lease or the assumption of the contract will occur. Nicole Mutschke also advises paying close attention to the obligations that come with taking over an apartment.
Particularly, modifications made by the previous tenant can become costly later if, as a new tenant, you have to pay for the restoration when moving out. Therefore, the most important thing is to first check the lease and condition of the new apartment, clarify any open questions in writing, and then terminate the previous apartment.