Prevent Tenant Assignment in Germany 2025

Tenants in Germany may face situations where a landlord or third parties try to transfer the use of the apartment to a new tenant or enforce a replacement tenant arrangement. This text explains in clear language which rights you have as a tenant, which deadlines apply and which practical steps you can take to prevent or review an unwanted assignment to a new tenant. We cite relevant laws, show typical evidence and list concrete actions from contacting the landlord to necessary court options.

What does assignment to a new tenant mean?

Many understand "assignment to a new tenant" as the transfer of a right or the use of the apartment to another person. In tenancy law there are clear rules within the general provisions of the rental agreement law; tenant rights and landlord duties are anchored in the relevant parts of the BGB (Civil Code).^[1]

Tenant rights and obligations

Before you react, check your lease carefully and determine whether the landlord requires consent under contractual clauses or whether a subletting situation exists. In disputes, the competent local court (Amtsgericht) usually decides rental law conflicts.^[2]

• Check deadlines and document in writing when you were informed.
• Clarify the deposit: document condition, refund claims and account balance.
• Collect forms and correspondence, for example termination or handover offers.

Practical steps to prevent assignment

If you fear an unwanted assignment, act systematically: set deadlines, object formally, secure evidence and request clarification from the landlord. In case of conflicts, the Code of Civil Procedure governs proceedings if a judicial decision becomes necessary.^[3]

1. Object in writing within a short deadline and set a deadline for a response.
2. Collect evidence: photos, messages, payment receipts and witness statements.
3. Contact the landlord and seek an amicable solution.
4. If unresolved, seek legal advice and consider court options.

FAQ

Can my landlord simply assign to a new tenant?

No, the transfer of tenancy rights or the binding appointment of a new tenant is not straightforward; contract, consent and statutory rules must be reviewed.

Which deadlines must I observe?

Respond promptly in writing, set a clear deadline for a reply and keep proof of delivery.

Are there official forms or templates?

There is no uniform official "assignment permit"; review termination and objection letters and use court template forms if necessary under the Code of Civil Procedure.

How-To

1. First read your lease carefully and mark clauses on subletting or contract takeover.
2. Set a written deadline for the landlord to clarify and document the delivery.
3. Collect all evidence that supports your position and, if necessary, name witnesses.
4. If required, initiate legal steps at the local court or seek advice.

Help and Support / Resources

• Gesetze im Internet – BGB: Tenancy obligations and rights
• Gesetze im Internet – ZPO: Code of Civil Procedure
• Federal Court of Justice – information and decisions

1. [1] Gesetze im Internet – BGB (excerpt on tenancy §§ 535–580a)
2. [2] Justizportal – Information on local courts
3. [3] Gesetze im Internet – ZPO (Code of Civil Procedure)