Security Deposit Transfer to New Tenants in Germany
Many tenants in Germany face the question of how the security deposit can be transferred to a new tenant when moving out without causing later disputes. This article explains in clear language which proofs are helpful, what rights and obligations tenants and incoming tenants have, and how to practically and securely document the assignment. You receive concrete action steps, examples of records, and guidance on when a court clarification at the local court may be appropriate. The goal is that you as a tenant can handle the main formalities without a lawyer and avoid common mistakes.
What applies when assigning to a new tenant?
Basically, the security deposit is a guarantee for the landlord according to the rules of the BGB and legally remains with the landlord until final settlements are completed[1]. A direct assignment between the old and new tenant only changes the position versus the landlord if the landlord agrees or the parties present an effective assignment declaration.
Practical: What records do tenants need?
- Written assignment declaration from the departing tenant in favor of the incoming tenant with date and signatures.
- Confirmation from the landlord about acceptance or assumed liability agreements.
- Receipts or bank statements that prove the deposit payment.
- Photos of the apartment condition and a handover protocol to clarify the situation at move-out.
Formal wording of a simple assignment declaration
An appropriate assignment declaration should include: names and addresses of the involved tenants, deposit amount, account details or reference to the deposit account, date of assignment and signatures of all parties. The landlord should confirm in writing that he has taken note of or accepted the assignment.
When is the landlord's consent necessary?
If the assignment creates a risk for the landlord, his consent may be necessary. Practically, it is advisable to obtain written consent and include it in the assignment file so that clear records exist in case of disputes.
Frequently Asked Questions
- Can I simply pass the deposit on to the new tenant?
- Only with the landlord's consent or an effective written assignment and suitable records is the transfer legally secure.
- What role does the handover protocol play?
- The handover protocol documents the condition of the apartment and may affect rights to portions of the deposit.
- What if the landlord refuses repayment?
- Document everything and observe deadlines; if necessary, a lawsuit at the competent local court may be required.
How-To
- Inform the landlord in writing about the intended incoming tenant and the planned assignment.
- Prepare a written assignment declaration with signatures of all parties and attach account or payment records.
- Ask the landlord for written confirmation of receipt or consent and file it with the records.
- Make a handover protocol with photos and keep all documents at least until final settlement.
Help and Support
- Gesetze im Internet – BGB and tenancy law
- Federal Ministry of Justice – templates and guidance
- Federal Court of Justice – tenancy case law
