Tenant: Assignment to New Tenant in Germany 2025

Many tenants in Germany face the task of arranging an assignment to a new tenant — for example when the tenancy is ended early, the apartment is handed over or the deposit needs to be settled. This guide explains in clear steps how you as a tenant should document the assignment to a new tenant: which documents are important, which deadlines to observe and which state rules (e.g. BGB) apply to the deposit and handover.^[1] I describe practical wording, list typical forms and show how to collect evidence to avoid later disputes at the local court.^[2] You will also receive tips on key handover, the handover protocol and the correct handling of the deposit settlement.

What does assignment to a new tenant mean?

In an assignment to a new tenant the current tenant, the new tenant and often the landlord agree that the new tenant takes over the use of the apartment. Formally, the original tenancy agreement usually remains in place until a new contract applies or a declaration of consent exists. Documentation protects you from later claims and helps to clarify deposit issues.

Important documents and evidence

Collect documents systematically before, during and after the handover. Record dates, communicate in writing and take photos of the apartment's condition.

• Photos of the apartment condition at handover (secure date in camera or metadata).
• Handover protocol signed by all parties.
• Receipts for the deposit and account statements of the deposit account.
• Save written correspondence and e-mails with landlord and new tenant.

Forms, deadlines and practical examples

Name the date, parties, apartment condition and deposit arrangement clearly in a handover agreement. Typical forms are templates for handover protocols, written assignment agreements and, if necessary, an informal confirmation by the landlord. In case of court matters, the rules of the Code of Civil Procedure (ZPO) apply for actions and deadlines.^[2]

Sample wording for an assignment

"The current tenant transfers to the new tenant the right to use the apartment as of DD.MM.YYYY. The landlord confirms his consent to this assignment with his signature." Add rules on the deposit and return if necessary.

When is legal advice sensible?

If the landlord objects to an assignment, deadlines are not met or a deposit remains disputed after moving out, legal advice may be necessary or a clarification before the local court. In complex cases, written evidence and a complete handover protocol are helpful.

FAQ

Who signs the assignment agreement?

Usually the current tenant, the new tenant and ideally the landlord; the landlord's signature makes the agreement clearer.

Can the landlord refuse consent?

Yes, the landlord can object for legitimate reasons; document the refusal and seek discussion or legal advice.

How long does deposit repayment take?

The repayment depends on the settlement of operating costs and may take several weeks to months; exact timeframes vary by case.

How-To

1. Arrange a handover appointment early and confirm the date in writing.
2. Create a detailed handover protocol with photos and signatures.
3. Draft a written assignment agreement and have it signed by all parties.
4. Document the deposit agreement and check deposit account statements.
5. In case of dispute: submit documents together to the local court or obtain legal advice.

Key Takeaways

• Written agreements protect against later claims.
• Photos and a signed handover protocol are decisive.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
• [3] Bundesgerichtshof (BGH) — Official website

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — Official website