Assign Security Deposit in Germany: Tenant Guide

Many tenants in Germany face the question of how to securely assign a security deposit to a new tenant without losing rights. This guide explains step by step which documents you should collect, how an assignment agreement can look, and which legal bases (BGB) and deadlines must be observed. I explain in practical terms how to properly organize receipts, handover records and bank statements and present them to the landlord so that the process remains transparent. At the end you will find a short FAQ, an instruction with concrete steps and official links to statutory texts and sample forms so that you as a tenant in Germany can act with legal certainty.

Why assign the security deposit?

Assigning the security deposit means that a current tenant asserts or transfers his claims against the landlord to a new tenant. Legally, this is best documented by a written agreement. The most important tenancy law regulations are contained in the German Civil Code (BGB)^[1], in particular on the duties of landlords and tenants and on the repayment of the deposit.

Which documents do you need?

Collect all documents that show the amount of the deposit, how it was held and which payments took place. Typical documents are:

• Receipts for the deposit payment or transfer receipts
• Bank statements showing the deposit payment
• Handover protocol with meter readings and condition of the flat
• Photos of defects or the condition at handover
• Written agreements with the landlord on repayment or assignment

Assignment agreement: what to include

A simple written assignment agreement should at least include the following points:

• Full names and addresses of current tenant, landlord and new tenant
• Deposit amount and proof of how the deposit is held (e.g. account statement or bank confirmation)
• Statement of which claims exist and which rights are being assigned
• Date, signatures of all parties and a note on any agreed deadlines

For formal letters such as a termination or confirmation, templates from the Federal Ministry of Justice can be helpful; check such templates and adapt them to your case.^[3]

Court steps and jurisdiction

If there is a dispute about the assignment or repayment, the local courts (Amtsgerichte) are generally competent; the rules of civil procedure (ZPO) apply to proceedings. Inform yourself early about deadlines and the documents required for a possible lawsuit or response.^[2]

FAQ

Can I assign my security deposit directly to a new tenant?

Yes, assignment is possible, but it should be in writing and confirmed by the landlord so that rights are clearly allocated.

Does the new tenant have to pay immediately for the assignment to be valid?

No, the assignment primarily regulates the claim itself; whether the new tenant pays the deposit anew or takes over the existing deposit must be agreed separately.

Which deadlines are important?

Pay attention to contractually agreed deadlines and to the statute of limitations provisions of the BGB for claims.

How-To

1. Check the rental agreement for clauses on the deposit and deadlines.
2. Collect all documents: receipts, bank statements and handover protocols.
3. Create a written assignment agreement and have it signed by all parties.
4. Inform the landlord in writing and request confirmation.
5. Document the handover and keep copies of all documents.

Help and Support / Resources

• BGB §§535–580a (Gesetze im Internet)
• Zivilprozessordnung (ZPO) – Procedural rules
• Federal Court of Justice (BGH) – Case law

1. [1] German Civil Code (BGB), §§ 535–580a
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Ministry of Justice (BMJ) – Templates and information