Assignment to New Tenant: Tenant Mistakes in Germany

Many tenants in Germany face the task of arranging an assignment to a new tenant when they want to leave the lease early. Often disputes and delays arise from missing formalities, unclear agreements about the security deposit, or poor documentation. This guide explains in plain language how to avoid typical mistakes: which forms and proofs are useful, how to correctly handle the security deposit account and which deadlines to observe. Step by step we show practical measures, communication examples with the landlord and indications of when legal advice or a local court may become necessary. The aim is to reduce conflicts and achieve a legally secure transfer to the new tenant.

What does "assignment to a new tenant" mean?

An assignment to a new tenant occurs when another person takes over the existing lease or enters into an agreement so that the previous tenant is usually released from the contract early. Important: an amicable solution with the landlord reduces risks and costs.

Common mistakes and how to avoid them

1. Unclear agreements about the security deposit

Many problems arise if it is not agreed in writing how the deposit will be transferred or refunded. Clarify whether the deposit amount will be transferred to an existing security deposit account, paid out or passed on by the landlord directly to the new tenant.

• Document the deposit arrangement in writing and record account information.
• Create a handover protocol at the apartment handover and have all parties sign it.
• Take photos and defect lists to prevent later claims.

2. Missing landlord consent

An assignment carried out without the landlord's consent is legally risky. Obtain written confirmation from the landlord before handing over keys to the new tenant or formally being released from the contract. The relevant provisions of the BGB govern landlord and tenant duties and rights.

3. Overlooking deadlines and notifications

Observe deadlines for termination, apartment handover and deposit repayment. Clear dates reduce misunderstandings.

• Agree deadlines in writing and mark dates in the calendar.
• Obtain confirmations by email or letter to document communication channels.

Forms and proofs (official guidance)

Important documents are written assignment agreements, handover protocols and proof of the security deposit account. For legal basics see the relevant provisions of the BGB and general information on court procedures at the local court. Templates for termination letters or handover protocols from the Federal Ministry of Justice or other authorities can be helpful.

• Termination letter (template) — use a clearly worded template.
• Handover protocol — document condition, meter readings and key handover.
• Proof of the security deposit account or bank receipts for the transfer.

Procedure: Practical steps for tenants

Before arranging an assignment, check contractual obligations, inform the landlord and new tenant and keep all steps in writing. Communicate clearly who is responsible for outstanding utility statements or damages.

Communication checklist

• Inform the landlord in writing and request consent for the assignment.
• Put the assignment agreement in writing and have it signed by all parties.
• Document key handover and apartment handover.

FAQ

Can the landlord refuse an assignment to a new tenant?

The landlord may have legitimate reasons to refuse; however, an amicable solution is common. Check the contract clauses and seek discussion.

Does the deposit have to be paid out to the new tenant?

The deposit arrangement must be clarified contractually: the deposit can be transferred to a deposit account or offset by the landlord.

When should I involve the local court?

If disputes cannot be resolved amicably, tenancy claims can be brought before the local court; consider alternatives such as mediation first.

How-To

1. Inform the landlord in writing and request consent for the assignment.
2. Create a detailed handover protocol and have it signed.
3. Arrange the deposit in writing: transfer to deposit account or settlement.
4. Agree binding deadlines for key handover, repayment and utility statements.

Help and Support

• Gesetze im Internet (BGB, ZPO) — official legal texts
• Justizportal Deutschland — information on courts and procedures
• Federal Ministry of Justice — templates and legal guidance

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Justizportal Deutschland – information on local courts and procedures
3. [3] Federal Ministry of Justice – templates and guidance