Assignment to New Tenant: Tenant Tips Germany

Many tenants in Germany face the situation of proposing a new tenant or assigning rights to a successor. This can involve deposit issues, handover protocols, deadlines and formal proofs. This guide explains clearly which documents landlords typically request, which mistakes to avoid and how to meet deadlines securely. The goal is that you as a tenant know your duties and rights, provide the right documentation and thus avoid conflicts or delays when moving out.

What does assignment to a new tenant mean?

With an assignment to a new tenant, the current tenant transfers claims or obligations from the tenancy agreement partially or completely to a subsequent person. The basic rules on tenancy law are found in the German Civil Code (BGB)^[1], for example regarding landlord duties and termination.

Common mistakes

• No written agreement (form): Tenant and successor only make verbal arrangements without a signed handover protocol.
• Missing proofs (evidence): Photos or receipts of the apartment condition are not collected.
• Ignoring deadlines (deadline): Deadlines for notification or deposit claims are missed.
• Not clarifying deposit issues (deposit): Unclear agreements about refund lead to disputes.
• Unclear handover protocols (form): Protocols are missing or incompletely documented.

How to provide proofs correctly

Practically, you should collect the following proofs and keep them organized so that everything is clearly documented when transitioning to the successor tenant.

• Photos of the condition of rooms at handover and return.
• A written handover protocol with signatures of tenant, successor and landlord.
• Receipts for the deposit and bank statements of the deposit account (Kautionskonto) as proof of payment.
• Correspondence by email or letter that documents agreements about the assignment.
• Date entries showing when landlord, tenant and successor were informed.

Specific forms and templates

There is no uniform nationwide mandatory form for assignment to a successor, but sample termination letters, handover protocols and payment receipts are important. Sample letters and guidance on termination and tenancy are provided by the Federal Ministry of Justice; use these templates as orientation and adapt them to your case^[3].

When is legal action possible?

If conflicts cannot be resolved amicably, civil proceedings are possible before the local court (Amtsgericht); tenancy disputes typically start there before possibly going to higher instances^[2]. Always observe the deadlines of the Code of Civil Procedure (ZPO) for lawsuits or eviction actions.

FAQ

Can the landlord require assignment to a new tenant?

No, there is no general obligation to assign; however, the landlord may set conditions for consent to the takeover.

Which proofs are important for the deposit refund?

Invoices, bank statements of the deposit account, the handover protocol and correspondence regarding the refund are central.

Who decides in disputes about the assignment?

If an agreement is not possible, the competent local court decides on tenancy claims.

How-To

1. Collect documents: Compile photos, the lease, deposit bank statements and correspondence.
2. Create handover protocol: Record condition, meter readings and open defects in writing and sign.
3. Inform the landlord: Notify in writing about the successor tenant and obtain consent, observe deadlines.
4. Clarify deposit arrangements: Agree how the deposit will be handled and document it.
5. In case of dispute: Check deadlines and, if necessary, initiate legal steps at the local court.

Help and Support / Resources

• [1] German Civil Code (BGB) – Full text
• [2] Federal Court of Justice (BGH) – Information and case law
• [3] Federal Ministry of Justice – Templates and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Bundesgerichtshof (BGH) – Information and case law
3. [3] Federal Ministry of Justice – Templates and guidance