Tenant Assignment: Deposit Rules in Germany
As a tenant in a big city in Germany, you may often need to assign the lease to a new tenant and handle the deposit securely. This guide explains in plain language which documents and pieces of evidence you should collect, how to use an inventory protocol and bank statements for the security deposit account, and when written consent from the landlord is necessary. I describe practical steps, deadlines and concrete examples so you can better assert your claims under § 535 et seq. BGB and know when the local court must be involved.[1][2] For sample forms I cite official sources and show how to present evidence in order in case of dispute.[3]
What does assignment to a new tenant mean?
When assigning to a new tenant, that tenant takes over the lease or signs a new contract, often with agreements on taking over the deposit. Important: without a clear written arrangement, the legal situation remains unclear. If the landlord and the new tenant agree in writing, responsibilities for the deposit can be clarified clearly.
Key points in advance
- Check deadlines: coordinate termination periods and handover dates in time.
- Written agreement: record all arrangements with the new tenant and landlord in writing.
- Document deposit account: collect bank statements and payment receipts.
Evidence and documents
Collect complete evidence: signed inventory protocol, photos of the apartment condition, bank statements of the deposit account and all payment receipts. Without evidence it becomes difficult to enforce claims against a new tenant or landlord.
- Inventory protocol: document condition, meter readings and signatures.
- Bank statements: prove deposit payments and refunds.
- Payment receipts: collect transfer receipts or landlord receipts.
Forms and templates
Use official templates, for example termination or handover templates from the Federal Ministry of Justice. Such templates help avoid formal mistakes and set deadlines correctly.[3]
What to do in a dispute with landlord or new tenant?
First try to find an amicable solution: conversation, written reminder with deadline and possibly mediation. If no agreement is reached, tenants can assert their claims before the competent local court, for example for deposit recovery or eviction claims.[2]
Practical steps if escalation occurs
- Contact: send the landlord a written reminder with a deadline.
- Arrange evidence: collect inventory protocol, photos and bank statements.
- Legal action: consider filing a claim at the local court and present evidence in order.
Frequently Asked Questions
- Can I transfer my deposit to a new tenant?
- A direct transfer of the deposit is only possible with the landlord's consent; often a new payment is agreed or the landlord refunds after handover.
- Which documents are most important?
- Inventory protocol, bank statements of the deposit account, payment receipts and photos of the apartment condition are crucial.
- When should I involve the local court?
- If talks fail and the landlord withholds the deposit unlawfully or rejects repayment claims, the local court is competent.
How-To
- First speak with the landlord and the new tenant and clarify in writing who will take which payments.
- Collect evidence: inventory protocol, photos, bank statements and payment receipts.
- Arrange a handover appointment and create a signed protocol.
- Document the deposit account and check whether refunds were executed correctly.
- If necessary: file a claim at the local court and present the evidence in order.[2]
Key Takeaways
- Documentation protects: bank statements and inventory protocol secure your claims.
- Written agreements with landlord and new tenant are highly recommended.
- The local court is the competent authority for unresolved rental disputes.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
- Zivilprozessordnung (ZPO) — gesetze-im-internet.de
- Federal Ministry of Justice and Consumer Protection (sample forms) — bmjv.de
