Tenant Assignment to New Tenant in Germany

As a tenant in Germany, the idea of assigning a lease to a replacement tenant can be attractive when an early move-out is imminent. Legally, landlord consent, potential liability issues and the return of the security deposit are important points. This article explains what assignment to a replacement tenant means, which steps tenants should practically follow in 2025, which forms or agreements are necessary, and how courts and authorities can be involved. The goal is a clear, practical checklist for tenants so a change proceeds cleanly and lawfully, without hidden costs or missed deadlines. I show how to propose a suitable replacement tenant, which agreements make sense and when a termination agreement is necessary. I also explain how to handle the security deposit and what rights exist if the landlord refuses.

When is an assignment possible?

A full "assignment" of the tenancy usually requires the landlord's consent; without consent the original tenant often remains contractually liable. The rules of tenancy law in the Bürgerliches Gesetzbuch (BGB)^[1] and contractual provisions in the rental agreement are decisive. Sometimes a termination agreement is more practical because it explicitly releases the previous tenant from liability.

Practical steps: How to plan the handover in 2025

1. Search for and contact a replacement tenant; check creditworthiness and availability.
2. Inform the landlord in writing and propose the replacement tenant; record deadlines and responses.
3. If the landlord agrees: document the agreement in writing as a termination agreement or takeover agreement.
4. Arrange the security deposit (deposit account) and agree how repayment or transfer will take place.
5. Set the handover appointment and key transfer; create an inventory protocol with photos.
6. Document address changes (registration office) and meter readings.

Legal pitfalls & liability

• Liability: Without explicit release the original tenant remains liable to the landlord for rent and damages.
• Landlord refusal: The landlord may refuse for important reasons (e.g., lack of replacement tenant's creditworthiness).
• Formal errors: Oral agreements are risky; insist on a written agreement.
• Deadlines: Missing deadlines can weaken your negotiating position.

Forms and official steps

There is no single nationwide "assignment form" for tenancy contracts; however, the legal foundations are in the BGB^[1] and, for judicial procedures, in the Zivilprozessordnung (ZPO)^[2]. Local district courts (Amtsgerichte) have jurisdiction for tenancy disputes^[3]. Practically this means: 1) propose a concrete replacement tenant to the landlord in writing; 2) request written consent or a termination agreement; 3) if disputes arise, you can involve the district court.

Frequently Asked Questions

Does the landlord have to agree to every assignment?

No. The landlord can agree or refuse for important reasons. Without release the original tenant usually remains liable.

Can the tenant simply find a replacement tenant and leave?

No. A proposal is possible, but legal release by the landlord is normally required to end liability.

Who handles the deposit when a replacement tenant takes over?

The security deposit handling should be set out in the agreement: either the replacement tenant pays a new deposit or the deposit is handed over or transferred to a deposit account.

How-To

1. Contact the landlord in writing and name the proposed replacement tenant.
2. Request written consent or a termination agreement and negotiate liability issues.
3. Create a handover protocol with photos, meter readings and key confirmation.
4. Settle the deposit in writing and clarify payment flows or refunds.

Key takeaways

• Without written release the original tenant remains liable.
• Documentation protects you in disputes.
• The district court is the first instance for rental disputes.

Help and Support / Resources

• BGB (Gesetze im Internet)
• Federal Court of Justice (BGH)
• Justice Portal: District Courts and Jurisdiction

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Justice Portal Germany: Information on District Courts