Security Deposit Assignment to New Tenant: Errors in Germany

Many tenants in Germany face the task of assigning the security deposit to a new tenant when moving out or arranging refunds. Formal mistakes often occur: unclear written agreements, missing evidence or incorrect deadlines. This guide explains step by step how you as a tenant should organize evidence correctly, which proofs are important and how to avoid typical disputes with the landlord. I describe practical templates, which documents concern the rental account and the deposit agreement, and show when a local court may need to be involved. The language remains accessible so you can protect your rights as a tenant in Germany and avoid costly errors when assigning the deposit to a new tenant.

Common errors when assigning to a new tenant

When assigning the deposit to a new tenant, similar problems occur repeatedly. Legal foundations can be found in the Civil Code; check §535 et seq. and the related provisions on the deposit.^[1]

• No written assignment agreement or unclear wording.
• Missing evidence: receipts, account statements or handover protocols.
• Deadlines are missed, for example for claims for repayment or deposit accounting.
• Oral agreements without documentation lead to disputes.

How to organize evidence correctly

Collect and sort all relevant documents systematically. Create both a digital and a physical file so important proofs are not lost.

• Account statements and payment receipts for the deposit with account details.
• Written assignment agreement with clear names, date and signatures.
• Handover protocol at the move-out with defects and meter readings.
• Document contact details of the new tenant and landlord.

Forms and templates

For termination letters and handover protocols there are official templates, for example sample letters from the Federal Ministry of Justice. The termination letter is used when you formally end the tenancy; a template helps with correct wording.^[2]

It is important to have a clear assignment agreement that includes the following details: names and contact information of the parties, exact amount of the assigned deposit, date of assignment and signatures of all involved. Sample clause: "Tenant A hereby assigns the deposit claim in the amount of X euros to new tenant C vis-à-vis landlord B. Date, place, signatures." Keep the original and a digital copy.

When the local court becomes involved

If disputes arise despite documentation, the local court may have jurisdiction; proceedings are governed by the Code of Civil Procedure (ZPO). Smaller claims and eviction actions are usually heard in the local court.^[3]

FAQ

Can I simply assign the deposit to the new tenant?

Yes, assignment is possible but must be in writing and all parties should agree to avoid later disputes.

Which documents are essential?

Essential documents are account statements, payment receipts, signed assignment agreements and a detailed handover protocol.

What if the landlord refuses the assignment?

Document the communication in writing and check your legal position; if necessary, seek advice or file a claim at the local court.

How-To

1. Collect all deposit receipts, account statements and the handover protocol.
2. Draft a written assignment agreement with date and signatures.
3. Inform landlord and new tenant in writing and document the dispatch.
4. Set clear deadlines for repayments or clarifications.
5. If necessary, prepare documents for the local court and file a claim.

Help and Support / Resources

• [1] Civil Code (BGB) §§535–580a — gesetze-im-internet.de
• [2] Sample letters and information — Federal Ministry of Justice (bmj.de)
• [3] Information on local courts — justiz.de

1. [1] Civil Code (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Sample letters and information — Federal Ministry of Justice (bmj.de)
3. [3] Information on local courts — justiz.de