Assign Deposit to New Tenant in Germany

As a tenant in Germany, you often face the question of what to do with the security deposit when moving. Assigning the deposit to a new tenant can help meet repayment deadlines and settle contractual obligations, but it depends on deadlines, landlord consent, and clear documentation. This article explains in plain language when assignment is possible, what rights and duties tenants and incoming tenants have, which forms and proofs are useful, and which deadlines must be observed. You will receive a practical step‑by‑step guide for correct handling in Germany as well as notes on courts and official rules so that the deposit handover proceeds legally secure. Practical sample texts and wording aids are included.

When is assignment possible?

Assignment of the deposit to a new tenant is generally possible if the landlord agrees or if the tenancy contract and parties reach a clear agreement. Important are liability issues, deadlines and the form of the agreement. For landlord duties, the German Civil Code (BGB) is decisive.^[1]

• Check deadlines (deadline): Clarify by when the assignment must take place and whether the previous tenant faces repayment deadlines.
• Deposit (deposit): Ensure the exact amount and the deposit account are documented.
• Landlord consent (notice): Obtain written consent that explicitly names the assignment.
• Documentation (evidence): Receipts, photos and handover records secure later claims.

Forms and proofs

There is no single nationwide official form for assignment, but sample texts help avoid misunderstandings. Typically relevant are: a written assignment declaration, authorization for deposit account transfer and the handover record. Example: a termination letter template combined with an assignment declaration naming the amount, account and landlord consent simplifies later claims.

Practical steps before assignment

1. Inform the landlord (notice): Notify landlord and incoming tenant in writing about the intended assignment.
2. Create the assignment in writing (evidence): Draft an assignment declaration with names, amount, account details and signatures.
3. Document the handover (repair): Create a handover record that documents the apartment condition to avoid later deductions.
4. Meet deadlines (deadline): Submit all documents on time so repayment and handover dates align.

FAQ

Can I assign my deposit to a new tenant?

Yes, this is possible if the landlord consents or a contractual arrangement exists. Written proof and clear details about amount and account are important.^[1]

Does the landlord have to agree to the assignment?

In practice, landlord consent is required to avoid later liability disputes. Without consent, the landlord can demand repayment from the original tenant.

Where do I go in case of a dispute about the deposit?

In disputes, local courts (Amtsgerichte) are competent; a lawsuit before the Amtsgericht may be necessary.^[2]

How-To

1. Make contact: Inform landlord and incoming tenant in writing about the planned assignment.
2. Draft assignment: Create a written assignment declaration including all key data and signatures.
3. Record handover: Produce a handover record documenting condition and any defects.
4. Submit documents: Provide the agreement and record to the landlord and confirm receipt and deadlines.
5. If dispute arises: Consider court action at the local court or legal advice; BGH rulings often clarify complex cases.^[3]

Key Takeaways

• Written agreements protect tenants and incoming tenants.
• Deadlines and documentation are decisive for repayment.
• A complete handover record minimizes later disputes.

Help and Support / Resources

• Gesetze im Internet – BGB (Civil Code)
• justiz.de – Courts and jurisdiction
• Federal Court of Justice – BGH

1. [1] German Civil Code (BGB) – gesetze-im-internet.de
2. [2] Local courts and jurisdiction – justiz.de
3. [3] Federal Court of Justice – bundesgerichtshof.de