Assigning to New Tenant: Tenant Guide Germany

Many tenants in Germany want to hand over their apartment to a new tenant, for example due to a job move or family expansion. To ensure the assignment is legally secure and the deposit is transferred or refunded correctly, you should document every step: handover protocol, written agreement with the new tenant, settlement of the deposit account, and photos of the apartment condition. This guide explains in plain language which forms and deadlines are important, how to protect claims, and which courts and laws (e.g. BGB §§ 535–580a)^[1] may become relevant. At the end you will find practical steps, sample forms and tips on avoiding or quickly resolving disputes. Use our checklist and links to official forms so you meet deadlines and can present evidence in order if there is a dispute.

What does assignment to a new tenant mean?

In an assignment to a new tenant, the current tenant transfers their contractual rights and obligations either formally or de facto to a succeeding person. It is important that all parties – landlord, original tenant and new tenant – have clarity about the deposit, handover date and the condition of the apartment. A purely verbal agreement rarely suffices; written agreements provide evidence and protection.

Practical steps before assignment

• Create a handover protocol with date, meter readings and photos of the property condition.
• Prepare a written agreement with the new tenant naming parties, addresses and the intended takeover time.
• Clarify deposit and deposit account: who pays what, who remains account holder, or whether the deposit is refunded to the old tenant.
• Review service charge statements and disclose them to avoid later claims.
• Observe deadlines: termination deadlines, apartment handover dates and any payment deadlines agreed with the landlord.

Forms, templates and when they help

There is no nationwide official form for assignment to a new tenant, but some templates are useful:

• Termination letter (template) from the Federal Ministry of Justice: use it if the original tenant formally terminates the lease and this needs documentation. Example: "I hereby terminate the tenancy agreement on DD.MM.YYYY".^[3]
• Handover protocol (custom template): date, key handover, defects, photos and signatures of tenant and new tenant are important.
• In disputes about eviction or refund of the deposit, procedures under the Civil Procedure Code may apply; the competent local court (Amtsgericht) decides on tenancy matters.^[2]

FAQ

Can I as a tenant carry out the assignment to a new tenant alone?

Tenants can propose a successor tenant solution in principle, but the landlord must agree to a contract takeover or termination. Without consent, the original tenant remains contractually liable.

What happens to the deposit when assigning to a new tenant?

The deposit arrangement must be clarified: either the new tenant pays the deposit anew, the old tenant receives it back, or it is agreed in writing that the deposit will be transferred. Keep bank statements and agreements.

Which deadlines are particularly important?

Pay attention to termination deadlines in the lease, handover dates and deadlines for objections to service charge statements; record dates in writing.

How-To

1. Contact the landlord and introduce the new tenant.
2. Draft a written agreement documenting the takeover date, deposit arrangement and condition.
3. Check the deposit account and agree clearly on how the deposit will be handled.
4. Create a handover protocol and have all parties sign it.
5. If disputes arise, collect evidence and contact the competent local court (Amtsgericht) if necessary.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Federal Ministry of Justice and for Consumer Protection (BMJV)

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesministerium der Justiz und für Verbraucherschutz (BMJV)