Assignment to New Tenant in Germany – Tenant Rights

Many tenants in Germany want to assign their apartment to a new tenant before the end of the notice period. This means that a third party takes over the rights and duties under the tenancy agreement, often including rent payments and security deposit issues. This article explains step by step when an assignment is legally possible, which obligations tenants and replacement tenants have, what deadlines apply and which official forms or courts may be required. You will receive clear action steps, practical examples of a termination or assignment letter and notes on court jurisdiction and relevant BGB sections in Germany. It is especially important to keep evidence such as handover records, payment receipts and written agreements with the landlord so that your rights are protected in later disputes. At the end you will find a simple guide to requesting the assignment and links to official sources.

What is an assignment to a new tenant?

An assignment to a new tenant means the incoming person contractually takes over the rights and obligations of the previous tenant. The tenancy relationship in Germany is legally based on the rules of the BGB; relevant provisions can be found in §§ 535–580a of the BGB^[1]. For tenants this means: check the landlord's consent, clarify the security deposit and document the handover.

When is an assignment possible?

• If the tenancy agreement or the law does not explicitly exclude the takeover by third parties.
• If the landlord agrees or a statutory claim to a successor tenant exists.
• If security deposit issues are clarified: repayment or takeover by the new tenant.

What steps should tenants take?

Keep clear documentation: signed assignment agreement, handover record, photos of the apartment condition and proof of payments for rent and deposit. Official forms are rarely standardised; as a practical example, many tenants use a termination or assignment letter following guidance from the Federal Ministry of Justice (BMJ) as an orientation for wording and evidence.

How does the assignment affect the security deposit?

The deposit remains a central issue: either the new tenant pays the deposit anew to the landlord or the former tenant requests the takeover from the new tenant and repayment from the landlord. Clarify the modalities in writing and provide payment receipts to avoid later disputes.

Frequently Asked Questions

Who decides on the landlord's consent?

The landlord generally decides on consent; a statutory claim may exist but is rarely automatic.

Does the deposit have to be transferred to the new tenant?

No, the deposit arrangement is negotiable: repayment to the previous tenant or takeover by the new tenant are possible.

What happens in a dispute about the assignment?

In disputes, the competent local court usually decides; procedural rules of the ZPO apply to lawsuits^[2], and in appeals the BGH can provide important precedents^[3].

How-To

1. Contact the landlord early and ask for written consent.
2. Document condition, meter readings and defects with photos and a handover record.
3. Create a written assignment or takeover form and have it signed by all parties.
4. Clarify the deposit arrangement and attach payment receipts.
5. If necessary, submit documents or a lawsuit to the competent local court.

Key Takeaways

• A written agreement with signatures is essential.
• Documentation and payment receipts protect against later claims.

Help and Support

• Gesetze im Internet – BGB § 535
• Gesetze im Internet – ZPO
• Bundesgerichtshof – Decisions

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1. [1] Gesetze im Internet – BGB § 535
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Decisions