Assignment to New Tenant: Renters in Germany
As a tenant in Germany, you may sometimes assign claims or obligations to a new tenant, for example when leaving a rented flat before the contract ends or to transfer the deposit. This guide explains in plain language how to arrange an assignment legally, which documents and evidence serve as proof, and how to handle a deposit account correctly. We show which forms and deadlines matter, when the local court (Amtsgericht) is responsible, and how to structure your evidence collection so you can be strong in case of dispute. This text is aimed at tenants without legal background and gives concrete steps for a secure assignment.
When is an assignment to a new tenant possible?
An assignment can make sense if you move out before the lease ends and a new tenant should take over rights and obligations. Contractual assignments are generally possible, but the landlord often needs to consent. For assignment of the deposit or claims it is important to record the agreement in writing and obtain signatures from all parties. Pay attention to clear wording about date, amount and whether the new tenant assumes debts.
Which documents should you collect?
Collect all documents that prove the assignment and the condition of the apartment after handover. Relevant documents include:
- Handover protocol with date, meter readings and signatures of all parties.
- Photos or videos of rooms and defects, each with a date.
- Receipts for payments such as rent and deposit transfers.
- The written assignment agreement and, if applicable, the landlord's letter with his consent.
Deposit and deposit account
The deposit may be kept separate from the landlord's assets; many lease agreements mention a deposit account. When you arrange assignments related to the deposit, note clearly whether the new tenant takes over the deposit or whether a refund to you will be made and to which account. Keep account statements and transfer receipts, because without proof the deposit amount and whereabouts are difficult to verify. Legal bases for the lease and duties can be found in the BGB, for example regarding landlord obligations under §535 BGB.[1]
Forms, deadlines and authorities
Use templates and forms for written assignments and terminations when available. Important deadlines include the contractual notice period and deadlines for payment reminders or an eviction claim. In case of court disputes, the local court (Amtsgericht) is usually competent to hear tenancy cases in the first instance.[2]
How to organize evidence legally
Keep paper and digital copies separately. Make a simple list with date, description and involved persons. For photos, save file or creation dates. Ensure emails show readable sender and recipient data. If possible, have important documents signed by the landlord or the new tenant.
If a dispute arises
First try an amicable solution: a written demand with a deadline can often achieve a quick outcome. If that is not possible, consider filing a claim at the local court or using the payment order procedure. Legal foundations and case law, including decisions of the Federal Court of Justice, are relevant for disputed legal questions.[3]
FAQ
- Can I fully assign the deposit to a new tenant?
- Yes, if all parties agree and this is recorded in writing; the landlord should confirm the takeover.
- Which evidence is sufficient for minor damages?
- Photos with dates, a short written damage description and, if available, cost estimates or invoices are often sufficient.
- How much does a court dispute at the local court cost?
- The costs depend on the value in dispute; an initial consultation at an advice center or the local court can provide guidance.
How-To
- Write a written assignment agreement with date, names, deposit amount and signatures.
- Create a handover protocol with photos and meter readings and have it signed.
- Document payment flows with account statements or transfer receipts.
- Set deadlines for responses and record them in writing.
- In case of dispute: submit organized documents to the local court or use the payment order procedure.
