Evidence for Assignment to New Tenant for Renters in Germany

If you, as a renter in Germany, assign your claims or the deposit to a new tenant, clear documentation is crucial. This guide explains which records to collect, which deadlines and forms matter, and how to enforce your rights in local court if necessary. The advice is practical: you get examples, a step-by-step guide and concrete form tips so that no proof is missing during handover, deposit accounting and potential disputes.

What does assignment to a new tenant mean?

Assignment means that a renter can transfer claims (for example, return of a deposit or damage claims) in writing to the new tenant. Legal bases can be found in the BGB regarding tenancy and assignment of claims^[1], as well as in procedural rules of the ZPO when enforced in court^[2].

Which records should renters collect?

Collect all documents that prove payment, condition and agreements. Practically proven evidences include the following proofs:

• Handover protocol with date, meter readings and signatures of all parties.
• Proofs of the deposit account or bank statements documenting payment of the deposit.
• Written assignment agreement between the old tenant, the new tenant and, if possible, the landlord.
• Emails and messages with timestamps that show agreements and confirmations.
• Photos or videos of the apartment condition at handover (date visible or separately recorded).
• Payment receipts for operating costs or supplementary charges that may still be outstanding.

Important forms and a practical template

There is no single legally prescribed assignment form, but a written document with the following details is recommended: names and contact details of the parties, description of the assigned claim (e.g. deposit), amount, date of assignment, signatures. A termination letter or handover protocol can serve as orientation following templates from the Federal Ministry of Justice^[3]. Pay attention to deadlines: objections or refund deadlines should be clearly stated.

If a dispute arises: legal steps

If no agreement can be reached, the local court (Amtsgericht) decides many tenancy disputes; higher or appellate instances are the regional courts and the Federal Court of Justice for legal questions and precedents^[4]. Before court proceedings, send a final out-of-court reminder with a deadline. Keep copies of all documents and proofs.

FAQ

Can I simply transfer the deposit to a new tenant?

An assignment of the claim is possible but should be in writing and ideally confirmed by the landlord to avoid legal uncertainty.

What deadline applies if the new tenant does not pay?

Set a clear payment deadline (e.g. 14 days). If payment is missed, you can take legal action and possibly claim interest and dunning costs.

Is a photo sufficient as evidence for damage claims?

Photos are very helpful but should be supplemented by a handover protocol and witnesses or written confirmations.

How-To

1. Create a written assignment agreement, state amount and parties, and date the document.
2. Collect all proofs: bank statements, handover protocols, emails and dated photos.
3. Inform the landlord in writing about the assignment and request confirmation.
4. Set deadlines for responses or payments (e.g. 14 days) and document communication.
5. If refusal: send a final reminder, then consider filing a claim at the local court.

Key Takeaways

• A written assignment and handover protocol are central to proof.
• Financial records like bank statements clearly demonstrate deposit payments.
• Deadlines and landlord confirmation reduce later risks.

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH) – Case Law

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Templates and guidance — Federal Ministry of Justice and Consumer Protection (BMJV)
4. [4] Federal Court of Justice (BGH) — Case law and information