Assigning to a New Tenant: Tenant Rights in Germany

As a tenant in Germany you may wonder how to legally and timely organize an assignment to a new tenant, the handover of the security deposit and the deposit account. This article explains in plain language which formalities are necessary, which deadlines must be observed and what rights you have vis-\u00e0-vis the landlord. You will receive practical steps for documentation, guidance on official forms and information about which court to approach if a dispute arises. The tips are practical and help you avoid common pitfalls so the transfer to a new tenant proceeds smoothly.

What does assignment to a new tenant mean?

Assignment to a new tenant means that a new tenant takes over obligations or claims contractually or factually, such as payment of rent or the repayment of a deposit. Legally crucial are the conclusion of an effective tenancy agreement with the new tenant and the written arrangement on how the existing deposit will be handled^[1]. Without a clear agreement, the deposit issue often remains unresolved between the old tenant, the landlord and the new tenant.

Deposit & deposit account

For the deposit, tenants must note that the deposit should be kept separate from the landlord's assets and that interest obligations may apply. Clarify in writing whether the deposit will be placed into a separate deposit account, how interest is handled and who is entitled to the deposit at the time of handover^[1].

• Agree deposit in writing: Record amount, account and interest.
• Check deposit account: Request account statements or confirmation of separate custody.
• Create handover protocol: Document condition, meter readings and open defects.
• Clarify repayment method: Agree on payment channels and repayment deadlines.

Deadlines and formalities

Observe deadlines in the tenancy agreement and statutory rules. Written form helps: terminate correctly, confirm receipt, and note deadlines for repayments or takeovers. Notify the landlord early about a prospective new tenant and provide contact details, proof of creditworthiness and proposed handover dates.

• Observe deadlines: Check notice periods and payment deadlines carefully.
• Written agreements: Put all arrangements in writing and date them.
• Document contact: Keep emails and receipts of delivery as evidence.

Forms and court

In disputes over deposits or a new tenant, local courts (Amtsgerichte) handle tenancy cases. In proceedings, the statement of claim and evidence play a role; the Code of Civil Procedure regulates deadlines and formal requirements^[2]. If necessary, file a written claim at the competent local court and attach all receipts and the handover protocol.

Practical example: New tenant takes over deposit

• Step 1: Make a written agreement between the old and new tenant and inform the landlord.
• Step 2: Document the deposit transfer or account transfer and have all parties sign.
• Step 3: Hand over keys and create a protocol, clarifying deadlines for return of the old deposit.

FAQ

Can the landlord refuse an assignment to a new tenant?

Yes, the landlord can agree or refuse; without consent the old tenant remains contractually responsible. A mutual agreement is often sensible.

Who is liable for damages at handover?

The tenant at the time of handover is liable for damages, unless the defects are recorded as pre-existing in the handover protocol.

How quickly must the deposit be repaid?

There is no fixed nationwide deadline, but repayment should occur without unjustified delay; common deadlines are a few weeks to months depending on the utility bill settlement.

How-To

1. First check the tenancy agreement for assignment bans and notice periods.
2. Inform the landlord in writing about the new tenant and provide documents.
3. Create a joint handover protocol with photo or video evidence.
4. Arrange the deposit transfer in writing and document account or payment routes.
5. If necessary, prepare documents for the local court and submit evidence within deadlines.

Help and Support / Resources

• BGB §§ 535–580a — gesetze-im-internet.de
• Federal Ministry of Justice and Consumer Protection — BMJ
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] BGB §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de