First clarify what is being offered
Our editorial recommendation: Ask whether the draft is intended to amend an existing contract, dismiss a person or establish a new tenancy. Use the actual designation and have its meaning explained. A cover letter containing the word “Übernahme” may leave the details open.
Place the previous contract, amendments and the proposal side by side in full. Mark the contracting parties, start date, rent amount and other changed conditions. Looking only at the new signature line can overlook a material change in content.
Have future and past dealt with separately
§ 535 BGB describes the essential duties arising from the tenancy agreement, including granting use and the agreed rent payment. [BGB535] Which person is obliged to do what from which contract must fit the solution actually agreed. The article does not promise an automatic entitlement to a particular subsequent contract.
Ask explicitly from what point in time a new arrangement is to take effect. Also clarify how outstanding matters from the previous contractual period will be handled. This may include accounts not yet finalised or documented claims. An internal agreement between the separated persons does not replace the required clarification with the affected contracting parties.
Do not treat deposit and condition of the flat casually
The draft should make clear what is to happen to the existing security deposit and whether a new one is required. Have the concrete legal and financial allocation professionally examined, rather than inferring final settlement from a mutually chosen fifty–fifty payment.
Clear documentation is also worthwhile for the condition of the flat: What condition is known, what work has been carried out and what open questions remain? From this one must not unilaterally formulate a new handover date or a new acknowledgement. An unclear declaration should be explained before signing.
Example: New start, old accounting
A landlord offers a new contract with a later start date. The separated persons do not yet know how an account for the previous contractual period should be allocated. They ask for this point to be expressly clarified alongside the future tenancy. The new start date is not to be treated as proof that all earlier issues have been resolved.
Use a targeted comparison list in the consultation
Summarise changed conditions and outstanding legacy matters briefly. Request an explanation for each point and, if in doubt, obtain advice before making a binding statement. This procedure requires a safe conversation situation; if there is a threat, appropriate immediate support is needed. Its result is a traceable decision about the specific draft, not a general guide as to who may remain after a separation.