Assigning Deposit to New Tenant – Tenants Germany

As a tenant in Germany, it can make sense to assign the deposit to a new tenant when moving out to avoid financial gaps. This text explains step by step when and how an assignment is legally possible, which deadlines apply and which wording is important in the handover record or assignment contract. I describe practical templates, which forms can be used with authorities and how you as a tenant can collect evidence to avoid later disputes. You will receive notes on the legal basis in the BGB,^[1] the role of the local court in disputes^[4] and sensible documentation steps so that the assignment proceeds cleanly and securely. At the end you will find a step-by-step guide and an FAQ with sample sentences that you can adapt to your situation.

What does assignment to a new tenant mean?

Assignment of the deposit means that the previous tenant transfers his claims for repayment of the deposit to the new tenant or that the new tenant takes over the payment. Practically, this means: the original deposit provider transfers his right to another person so that the landlord can later assert claims against the new payer. A clear written agreement prevents misunderstandings and protects all parties.

Legal basis

The most important regulations on the tenancy agreement and on landlord and tenant obligations are found in the BGB (in particular §§ 535–580a).^[1] Procedural questions in disputes are regulated by the Code of Civil Procedure (ZPO), especially if payment order proceedings or lawsuits become necessary.^[2]

When is assignment possible?

An assignment is possible if the landlord, the former tenant and the new tenant agree and the agreement is recorded in writing. Without a written arrangement, there is often disagreement about deadlines and the scope of repayment.

Practical checklist

• Agree assignment in writing or use an official form
• Clarify deadlines: record handover date and payment deadlines
• Document deposit amount and payment method precisely
• Keep photos, receipts and the handover record as evidence
• Contact the competent local court or legal advice center if in doubt
• Contractually agree on securities for possible damage claims

FAQ

Can I simply hand the deposit over to a new tenant?

No, you should regulate the assignment in writing and include the landlord; without a clear agreement there are liability risks.

Which deadlines apply for the landlord to return the deposit?

There is no uniform deadline in the BGB, but claims should be clarified within a reasonable time after the handover; in disputes the ZPO often applies.^[2]

Which forms or templates are helpful?

Important are a written assignment contract or a supplementary handover record and knowledge of payment order proceedings and litigation routes (see payment order).^[3]

How-To

1. Preparation: Check the amount of the held deposit and gather receipts.
2. Agreement: Obtain written consent from landlord and new tenant.
3. Contract: Create a simple assignment contract with names, amount, date and signatures.
4. Handover: Make a handover record with photos and defect descriptions.
5. Transfer: Clarify payment arrangements for the deposit between old and new payer.
6. If necessary: initiate payment order proceedings or a lawsuit at the local court (observe ZPO).^[2]

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Payment order proceedings (Mahnverfahren) – Federal Office
• Information on courts and local courts – Justiz

1. [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Mahnverfahren and payment order – Federal Office
4. [4] Local courts and court procedures – Justiz