Security Deposit & Subtenant Transfer for Tenants in Germany
Many tenants in Germany face the question of how to handle the security deposit when moving out and whether assignment to a subtenant is possible. This guide explains in plain language which documents you should collect, which legal bases in the BGB apply and when deadlines must be observed. You will receive practical steps for documenting defects, communicating with the landlord and securely handing over the deposit or assignment papers. We also show when a court or local court may need to be involved and which forms or proofs are useful. The goal is for you as a tenant to know your rights in Germany and resolve disputes with clear evidence.
What is an assignment to a subtenant?
An assignment here refers to the transfer of a claim for repayment of the deposit or the agreement that the subtenant takes over the settlement. Such an agreement usually requires the landlord's consent because the deposit exists vis-à-vis the landlord and is not automatically transferred between tenants. Check written agreements and request a confirmation from the landlord to avoid later disputes.
Important documents for assignment and deposit repayment
- Handover protocol with date, meter readings and signatures.
- Photos and if applicable videos of the apartment condition at move-in and move-out.
- Proofs of payment for paid deposits and advance payments.
- Written agreement on assignment or takeover by the subtenant.
- Correspondence with the landlord (emails, letters, receipts of receipt).
Legal basis
The most important rules on the tenancy agreement, deposit payment and duties of landlord and tenant are in the German Civil Code (BGB) §§ 535–580a[1]. In legal disputes, the rules of the Code of Civil Procedure (ZPO) apply[2]. For important precedents, the Federal Court of Justice (BGH) can decide; local disputes are usually heard at the local court (Amtsgericht)[3][4].
Practical steps for tenants
- Contact the landlord in writing and propose a specific subtenant.
- Obtain written consent from the landlord for assignment or takeover.
- Create a detailed handover protocol and secure photos as evidence.
- Document all payments and agree in writing how the deposit will be handled.
- Hand over the apartment together with the subtenant and landlord and collect signatures.
- In case of dispute: send a written reminder with a deadline and consider filing suit at the local court.
Forms and evidence
Many steps do not require an official form; however, certain pleadings are necessary for court proceedings. A termination can often be made without a formal template but should be documented in writing. A complaint for eviction or deposit claim follows the ZPO rules; check with the competent local court for required documents and submission modalities[2].
FAQ
- Can I assign my deposit to a subtenant?
- An automatic assignment of the deposit to the subtenant does not exist legally; the landlord's consent is required. A written agreement protects all parties.
- Which documents do I need for the handover?
- Handover protocol, photos, payment proofs and correspondence with the landlord are the most important documents.
- What if the landlord does not return the deposit?
- Send a reminder with a deadline, collect evidence and consider legal action at the local court.
How-To
- Inform the landlord in writing and propose a specific subtenant.
- Request written consent or an assignment agreement.
- Perform a handover protocol with photos and signatures.
- Submit payment proofs and the assignment agreement to the landlord.
- If necessary, document deadlines and prepare evidence for court.
Key takeaways
- Always document agreements in writing to avoid misunderstandings.
- A detailed handover protocol reduces the risk of later disputes.
- Observe deadlines and respond promptly to landlord requests.
Help and Support
- Gesetze im Internet: BGB (legal basis)
- Gesetze im Internet: ZPO (procedural rules)
- Federal Court of Justice (BGH)
- Federal Ministry of Justice and Consumer Protection (BMJ)
