Security Deposit Assignment to New Tenants Germany

Security Deposits & Accounts 3 min read · published September 07, 2025
If you as a tenant in Germany want to assign the security deposit to a new tenant before moving out, you need clear written agreements, evidence and knowledge of deadlines and authorities. This guide explains in plain language when an assignment is useful, which wording should appear in an assignment declaration and which documents you must collect so landlord and new tenant have legal certainty. We also show practical steps for documentation, which court handles rental disputes and which legal basics matter so you are prepared at the handover, for repayment and for possible disputes.

What is an assignment of the security deposit?

An assignment of the security deposit means that the previous tenant transfers their claim for repayment of the deposit or parts of it to the new tenant or allows the landlord to settle directly with the new tenant. It is important that assignments are made in writing and clearly stipulate who takes over which amounts and which documents count as proof.

A written assignment reduces misunderstandings and simplifies later evidentiary questions.

Legal basis

German tenancy law in the BGB governs landlord and tenant obligations as well as deposit repayment (Sections 535–580a BGB).[1] Rules of the Code of Civil Procedure (ZPO) apply to court claims and eviction actions.[2] Many tenancy disputes are decided first by the local court (Amtsgericht); for questions of fundamental importance the Federal Court of Justice (BGH) can decide.[3]

Respond to deadlines and requests promptly to avoid losing rights.

Forms and evidence

  • Form (form): written assignment declaration with names, addresses, amount and date
  • Receipts (receipt): bank statements and receipts as proof of payment
  • Payment proof (deposit): transfer receipts for the deposit
  • Photos (evidence): photos of the apartment condition at handover
  • Termination letter sample of BMJ (form) if the tenancy ends
Detailed documentation increases your chances with repayment claims.

How to write an assignment declaration

A simple assignment declaration should include: names of assignor (previous tenant) and assignee (new tenant), amount or scope of the assignment, date, clear signatures of all parties and reference to the attached documents. Also state whether the assignment is conditional (e.g. after handover) or effective immediately.

Have the signatures of landlord, previous tenant and new tenant visible on the same page.

Checklist before handover

  • Sign the assignment declaration (form)
  • Attach all receipts (receipt)
  • Verify payment proofs (deposit)
  • Respect deadlines (deadline), e.g. create handover protocol immediately
  • In case of dispute: inform the competent local court (court)

Frequently Asked Questions

Can the landlord refuse an assignment?
Yes. The landlord may object to a direct assignment if legitimate security interests are endangered; often an agreement between all parties is advisable.
Does an assignment protect me from later claims?
Only partly. A clear written agreement and complete evidence reduce the risk, but outstanding damage claims can still be asserted.

How-To

  1. Fill in the form: names, amount of assignment, date.
  2. Gather evidence: attach bank statements and receipts.
  3. Obtain signatures: previous tenant, new tenant and ideally the landlord.
  4. Document the handover: photograph condition and date the handover protocol.
  5. In case of dispute: consider filing at the competent local court.

Help and Support

  1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
  2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
  3. [3] Bundesgerichtshof (BGH) – decisions on tenancy law — bundesgerichtshof.de

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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