Tenants: Prevent Assignment to New Tenant in Germany

What is an assignment (Abtretung)?

An assignment means that a landlord transfers his claim against the tenant to a third party. In rental situations, assignment becomes relevant when a new tenant moves in or deposit claims are treated differently. Legal foundations can be found in the Civil Code (BGB) for duties and claims of rental parties.^[1]

Your rights regarding deposit and assignment

As a tenant you have the right to examine the origin and purpose of all claims. Documentation is crucial: evidence, handover records and payment receipts form the basis to resist an unjustified assignment. If the landlord asserts a claim, request written proof and keep all receipts.

• Collect photos, handover records and receipts as evidence.
• Carefully check deposit statements for deductions or incorrect claims.
• Request written proof from the landlord before acknowledging claims.
• Pay attention to deadlines for objections and claims.
• In case of dispute, contact the competent local court (Amtsgericht); tenancy disputes are often heard there.^[2]

Practical approach: immediate actions

If you suspect an assignment is imminent or has already occurred, act systematically. Request written information, secure evidence and inform yourself about your statutory rights. Document every communication with date and content.

• Photograph condition and meter readings at handover.
• Send formal letters by registered mail or email and keep copies.
• Respond within stated deadlines to preserve your objections.

When does a court help?

If landlord and tenant cannot agree, the local court (Amtsgericht) is the first instance for tenancy disputes. There you can pursue eviction claims, clarification of deposit claims or declaratory relief. Before filing suit, check whether an amicable settlement or mediation is possible.^[2]

Which forms and templates are important?

Official sample letters and guidance on termination, lawsuits and evidence preservation can be found at federal authorities and courts. Use templates only as a basis and adapt them to your case. A sample termination letter or a demand for deposit accounting may be useful; seek legal advice in complex cases.

FAQ

Can my landlord assign the deposit to a new tenant?

A direct assignment of deposit claims to a new tenant is rarely automatically effective; contractual provisions and the consent of the parties involved are decisive.

Which documents are sufficient to prevent an assignment?

Receipts, bank records, handover records and correspondence with the landlord are key evidence.

Where can I turn if the landlord does not respond?

Contact the local district court first or a legal advisory center; if necessary, filing a lawsuit is possible and advisable.

How-To

1. Collect all relevant evidence: receipts, photos and handover records.
2. Write to the landlord and request written information about the claim owner.
3. Observe deadlines for objections and respond within the specified time.
4. If in dispute, contact the competent local court or consider legal advice.

Help and Support / Resources

• BGB §535 ff. – Civil Code (Tenancy law)
• Code of Civil Procedure (ZPO) – Procedural rules
• Federal Court of Justice (BGH) – Case law

1. [1] Civil Code (BGB) §535 and following – Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) – Gesetze im Internet
3. [3] Federal Court of Justice – Official site