Assigning Deposit to New Tenant in Germany
Many tenants in Germany face the question of how to correctly and safely transfer the security deposit when moving. This text explains in clear terms which rights and obligations exist, which receipts are important and what role the BGB tenancy law and the courts play in disputes[1]. We show practical steps: how to draft a written assignment agreement, which receipts the landlord and new tenant need and when court proceedings may be necessary[2]. The aim is that you as a tenant reduce risks, document financial claims and can provide legally sound proof if necessary.
How does assignment of the deposit work?
An assignment means that the original tenant transfers his claim against the landlord for payment of the deposit to another person. In practice, a mutual agreement between the old tenant, the new tenant and the landlord is often sensible. Legally, it must be noted that the landlord must agree to a direct payment to the new tenant if the contractual situation or the deposit account requires this. If there is a dispute about the validity of an assignment, the local court or higher courts will decide; procedural rules are found in the Code of Civil Procedure[2].
Practical steps before assignment
- Collect all receipts: deposit account statements, receipts and the handover protocol.
- Draft a written assignment agreement that includes names, amounts, date and signatures.
- Clarify the payment method: bank transfer to a deposit account or direct payment to the new tenant.
- Conduct a handover protocol during the apartment handover that documents damages and meter readings.
Receipts and their importance
Without clear receipts it can later be difficult to enforce claims. Account statements show payment and recipient; receipts prove payment; the handover protocol documents the condition of the apartment. If documents are missing, a written confirmation from the landlord is very valuable. Decisions of the Federal Court of Justice provide guidance on evidentiary requirements in deposit cases[3].
When are court proceedings necessary?
Court proceedings are an option if the landlord refuses payment or the new tenant and landlord cannot reach an agreement. In many cases a payment order or eviction action is possible; the procedural steps are regulated in the Code of Civil Procedure and usually filed at the competent local court[2]. Before filing a lawsuit, it is advisable to send a written request for payment and, if necessary, obtain legal advice.
Frequently asked questions
- Can I simply hand over my deposit to the new tenant?
- No, without the landlord's consent immediate release is not always possible. A written assignment and the landlord's consent reduce risk and misunderstandings.
- Does the assignment need to be notarized?
- Generally not. A simple written agreement with the signatures of the parties usually suffices, unless the contract or circumstances require a special form.
- What role does the handover protocol play?
- The handover protocol documents the condition of the apartment and can limit the landlord's claims for damages; it is an important piece of evidence in disputes over deposit deductions.
How-To
- Contact the landlord and the new tenant in writing and propose an assignment agreement.
- Collect all relevant receipts: account statements, receipts, handover protocol and photos.
- Draft the assignment agreement: amount, recipient, date, signatures of all parties.
- Set a deadline for payment or transfer and record it in writing.
- If no agreement is reached, consider a payment order or lawsuit at the local court under the Code of Civil Procedure[2].
Key takeaways
- Written agreements and receipts are essential.
- Clarify payment methods before handing over the keys.
- In disputes the local court decides; procedural rules apply under the Code of Civil Procedure.
