Assigning to a New Tenant - Tenants in Germany

Many tenants in Germany face the task of assigning obligations to a new tenant. This guide explains in plain language which steps are necessary, which deadlines to observe, and how to hand over the security deposit safely. We show which forms are relevant, when a written confirmation is important, and how to proceed in case of conflicts. The information helps you avoid misunderstandings with the landlord, protect your rights, and document the handover securely.

What does assigning to a new tenant mean?

Assigning to a new tenant means that a new tenant takes over contractual duties or claims (for example, outstanding utility charges) from the previous tenant. It is important for tenants to know when landlord consent is required and how the deposit is handled. Legal bases can be found in the German Civil Code (BGB).^[1]

Checklist: Steps for tenants

• Create a written agreement with the landlord (form) and record all changes in writing.
• Clarify deposit arrangement: who takes over the deposit and how the deposit account is transferred (deposit).
• Observe deadlines: meet dates for handover and any repairs (deadline).
• Documentation: collect photos, handover protocol and payment receipts (evidence).
• Plan key handover and confirm it in writing (move-out).
• In case of dispute: consider court action or advice at the local court (court).

If the deposit is taken over by the new tenant, request a written receipt or agreement specifying the amount, account and time of transfer. If landlord consent is required, obtain it in writing. If uncertain, use a handover protocol signed by all parties.

Important forms and templates

There are templates for termination and handover, such as a termination letter template from the Federal Ministry of Justice and guidance for court submissions. Use templates for termination and handover protocol and adapt them to your situation. Court procedures follow the Civil Procedure Code (ZPO).^[2]

What to do in conflicts?

If the landlord rejects the assignment or the deposit is not properly handed over, document everything and seek legal advice. Many rental disputes are handled at the local court (Amtsgericht); higher instances and the Federal Court of Justice provide precedent-setting decisions.^[3]

FAQ

Is an oral agreement valid for assignment between tenants?

No, important agreements should be in writing; oral agreements are hard to prove.

Who is liable for defects at handover?

The person who is contractually responsible at the time of the defect; clear documentation in the handover protocol is decisive.

How long do I have to wait for the deposit refund?

There is no fixed nationwide deadline in the BGB, but refund follows the settlement of utility charges; this can take months.

How-To

1. Contact the landlord in writing and present the planned assignment model (form).
2. Create a handover protocol with photos, meter readings and signatures (evidence).
3. Arrange the deposit in writing: refund, transfer or a new deposit account (deposit).
4. Carry out the handover, give the keys and sign a confirmation (move-out).

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO)
• Federal Court of Justice (BGH) - Decisions
• Federal Ministry of Justice and Consumer Protection (forms & info)

1. [1] German Civil Code (BGB) § 535 – Duties of the landlord
2. [2] Civil Procedure Code (ZPO) – Rules for court actions
3. [3] Federal Court of Justice (BGH) – Landmark rental law decisions