Tenants: Avoid Assigning to New Tenants in Germany

When is an assignment useful?

An assignment to a new tenant can be useful if you want to leave the lease early and the landlord agrees or the new tenant takes over responsibilities. It is important that all parties have clarity about the start date, deposit and existing defects. Without a clear agreement, claims against the original tenant may remain possible.

Common mistakes with assignment

• Unclear liability agreement or missing written form (form).
• No agreement on the deposit or unclear deposit repayment (deposit).
• Incomplete handover records or missing receipts (document).
• Errors with deadlines for claims leading to statute of limitations or weaker court positions (court).

Rights and duties: What tenants must know

The landlord generally has duties for maintenance and returning the deposit after the lease ends; legal bases can be found in the BGB. If there is uncertainty about liability, handover or reclaiming the deposit, the local court may be responsible if an agreement cannot be reached. Avoid informal agreements without written confirmation and clarify who holds and settles the deposit after assignment.^[1]

How to reclaim the deposit correctly

Proceed step by step: first review deadlines and document the apartment condition. Send a written request to the landlord with a deadline and copies of evidence. If the landlord does not respond, a lawsuit can be filed at the local court; the ZPO regulates procedure and formal requirements.^[2]

FAQ

Can I demand the deposit from the new tenant?

The lease and the agreement determine who pays the deposit; without agreement, the original tenant often remains liable.

Is an oral assignment enough?

No, oral assignments often lead to proof problems; written contracts are strongly recommended.

When is the local court responsible?

The local court is usually the first instance for many tenancy disputes such as deposit claims or eviction lawsuits.

How-To

1. Collect all relevant documents and receipts (document, receipt).
2. Send a written request for deposit repayment with a clear deadline (form).
3. Seek legal advice or tenant support if no agreement is reached (help).
4. If necessary, file a lawsuit at the local court and submit all evidence (court).

Help and Support / Resources

• [1] § 535 BGB - German Civil Code
• [2] Code of Civil Procedure (ZPO) - Court Procedures
• [3] Federal Court of Justice (BGH) - Decisions

1. [1] § 535 BGB - Bürgerliches Gesetzbuch
2. [2] Zivilprozessordnung (ZPO) - Gerichtsverfahren
3. [3] Bundesgerichtshof (BGH) - Entscheidungen