Tenant: Assign Deposit to New Renter in Germany

As a tenant in Germany it is important to know how to legally arrange the assignment of the security deposit to a replacement tenant. This article explains in plain language which receipts you should collect, which forms are relevant and how to reclaim the deposit from the landlord. It shows practical steps for documenting payments, handover protocols and termination letters as well as tips about the deposit account. It also names responsible courts and official sources so you can meet deadlines and enforce your rights. The guide is aimed at tenants without legal training and helps avoid mistakes and successfully assert claims after moving out. You will find sample texts, handover tips and what should be included in the handover protocol. Concrete examples show how to sort receipts, calculate deadlines and, if necessary, contact the local court.

What does assignment to a replacement tenant mean?

Assignment to a replacement tenant means that a successor tenant takes on rights or claims or that you transfer rights to the successor tenant, for example when they take over your deposit or obligations. Legally the situation varies depending on the agreement: a unilateral assignment by the tenant is only safe with the landlord's consent. The relevant rules on the tenancy agreement are in the German Civil Code (BGB)^[1].

Which receipts should you collect?

• Receipts for rent payments (Miete / rent): bank statements and transfer receipts.
• Handover protocol: photos, date, meter readings and signatures.
• Documentation of defects: photos and messages to the landlord.
• Deposit account statement: proof that the deposit is recorded on an account.
• Correspondence and forms: termination, handover agreement and assignment declaration.

Forms, templates and examples

For termination letters and template texts the Federal Ministry of Justice provides official guidance and forms; use official templates such as the BMJ termination letter template when needed^[2]. A simple example: "I hereby terminate as of DD.MM.YYYY and hand over the apartment on DD.MM.YYYY; the deposit of X euros should be transferred to replacement tenant Y, subject to the landlord's consent." Be sure to specify clear deadlines and obtain the landlord's consent in writing.

Rights, deadlines and competent courts

If the landlord refuses to return the deposit, tenants can take civil action. Most tenancy disputes in first instance are heard by the local court (Amtsgericht); out-of-court settlement is often advisable. For precedents and decisions on tenancy law, cases from the Federal Court of Justice may be consulted^[3]. Observe statutory deadlines and the option to file an action for eviction or a claim for return of the deposit.

How to reclaim the deposit legally

The following steps help you prepare and document your claim after moving out. Keep every communication and receipt organized.

Step-by-step checklist

1. Draft the termination letter and secure proof of delivery (e.g., registered mail).
2. Create a handover protocol: document condition and have the replacement tenant sign.
3. Attach deposit account statements: prove payment pathways and account entries.
4. Check deadlines: determine within which timeframes the landlord must provide accounts.
5. If refusal persists: consider a formal demand and potential court action at the local court.

FAQ

Can I simply assign the deposit to the replacement tenant?

Only with the landlord's written consent is the assignment secure; otherwise the original tenant may remain liable.

What deadline does the landlord have to return the deposit?

There is no single federal deadline in the BGB; typically the landlord settles within a few months depending on operating cost accounting deadlines^[1].

Which forms do I need for a lawsuit?

For suits at the local court use the complaint forms under the Code of Civil Procedure (ZPO); sample termination letters and guidance are available from the BMJ^[2].

How-To

1. Collect all evidence: rent payments, deposit account and handover protocol.
2. Send a written request to the landlord setting a deadline for the deposit payout.
3. Allow the statutory/contractual accounting period to pass, documenting deadlines and responses.
4. If no agreement: send a formal reminder and consider filing at the local court.

Key takeaways

• Good documentation improves chances in disputes.
• Landlord written consent secures assignments.
• Deposit account evidence is central to claims.

Help and Support / Resources

• Local court (court) – information on jurisdiction and procedures
• [BMJ] Forms and templates, e.g., termination letter
• [Gesetze im Internet] BGB §§ 535–580a and related provisions

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1. [1] German Civil Code (BGB) §§ 535–580a on gesetze-im-internet.de
2. [2] Federal Ministry of Justice - Forms and templates
3. [3] Federal Court of Justice - Decisions on tenancy law