Prevent Assignment to New Tenant – Tenants in Germany

As a tenant in Germany you may sometimes face the problem that the landlord or a successor tenant claims rights or deposits have been assigned to a new tenant. This checklist explains in clear steps what rights you have, which deadlines apply and how to legally prevent such an assignment. We explain relevant sections of the BGB, which court is competent and which official forms you might need. The guidance is practical: how to collect documents, which letters to send and when it makes sense to involve the local court. Concrete examples and template texts help you meet deadlines and avoid unnecessary payments without immediately starting court proceedings.

What does assignment to a new tenant mean?

An assignment means that claims or rights can be transferred from one creditor to another. In the rental context this can mean that an agreement about claims (for example deposit claims) is transferred to a successor tenant or third party. Relevant provisions on the tenancy are found in the BGB, especially the provisions on tenancy and the obligations of landlord and tenant.^[1]

Practical checklist for tenants

• Check your lease for assignment bans or special clauses.
• Request written proof if the landlord claims an assignment.
• Protect your deposit: request statements or a designated deposit account as proof.
• Observe deadlines: respond in writing within set timeframes and document postage.
• Document everything: keep photos, emails, handover records and payment receipts.
• In case of dispute: consider legal action and check the jurisdiction of the local court.

Official forms and when to use them

Key forms and letters tenants may need:

• Termination letter (templates from the Federal Ministry) – used when ending tenancy; send by registered mail for example.
• Eviction claim forms from the competent local courts – when a landlord enforces eviction; check forms before filing.
• Payment order / claim forms – when pursuing claims and seeking legal clarification.

If it goes to court

Rental disputes are usually handled by local courts (Amtsgericht); higher instances include regional courts and the Federal Court of Justice for precedent-setting issues.^[3] Civil procedure rules for filing lawsuits and service are set out in the Zivilprozessordnung.^[2]

Practical example: recommended procedure

Example: if your landlord claims the deposit was assigned to a successor tenant, reply in writing and request detailed proof. Send a registered letter with a deadline and state your willingness to litigate if proof is not provided. Keep all correspondence documented.

FAQ

What does "assignment to a new tenant" specifically mean?

An assignment is the transfer of claims or rights to another person; in tenancy it often concerns deposit or claim rights.

Can the landlord simply assign my deposit to a successor tenant?

No, an assignment requires a concrete legal basis and proof; general assertions are not sufficient.

What steps should tenants take first?

Request written proof, document everything, check the lease and obtain legal advice or contact the local court if needed.

How-To

1. Set a deadline: write to the landlord requesting proof within a clear timeframe (e.g. 14 days).
2. Collect documentation: organize receipts, photos, handover records and payment proofs.
3. Use template texts: apply official templates for reply letters or terminations.
4. Seek advice: contact legal advice centers or the local court if necessary.
5. Consider court action: pursue a claim or payment order if proofs are not provided.

Help and Support

• BGB text and tenancy law – Gesetze im Internet
• Federal Court of Justice (BGH) – information and decisions
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] BGB sections on tenancy – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Federal Court of Justice (BGH)
4. [4] Federal Ministry of Justice and Consumer Protection (BMJ)