Tenant Guide: Security Deposit Assignment Germany

Many tenants in Germany face the task of correctly assigning the security deposit to a successor tenant or arranging repayment when moving. This article explains step by step which legal foundations apply, which documents you should collect and how to draft a sample letter. I describe which entries in the handover report and bank statements are important, how to communicate with the landlord and which deadlines must be observed. I also outline when a local court may need to be involved and which forms are useful. The goal is to give you, as a tenant, practical, understandable and secure instructions for Germany so that the assignment proceeds transparently and legally sound.

What is an assignment of the deposit?

The assignment of the deposit means that the previous tenant transfers their claims for repayment wholly or partly to the successor tenant. Legally, the provisions of tenancy law in the BGB play a role, in particular the duties of landlord and tenant regarding safekeeping and repayment of the deposit.^[1] An assignment does not automatically release the previous tenant from all claims against the landlord; written agreements provide clarity.

When is assignment possible and sensible?

An assignment is useful if the successor tenant agrees to take over and the landlord as well as both parties conclude a clear written agreement. It is practical for direct handover or when the deposit account can explicitly be transferred. Observe deadlines and document every transfer or repayment to avoid later disputes.^[1]

Which documents do you need?

• Handover report and photos as proof of condition (evidence).
• Statement of the deposit account or receipts showing the deposit amount (deposit).
• Written assignment agreement with names, amount and date (form).
• Obtain and document the landlord's consent in writing (form).

For template letters and phrasing help, official templates can help; use templates that include information on amount, account details and signatures of both parties. Clear wording reduces landlord inquiries and serves as evidence in disputes.^[3]

How to document correctly

Note place, date, names of all involved and the exact deposit amount. Keep the bank statement showing the deposited security. If a blocked or designated deposit account was used, keep the contract or statement from the financial institution. Keep copies of all emails and letters so that correspondence is fully provable.

What to do in case of dispute?

If the landlord refuses repayment or assignment, tenants can consider legal action. Minor disputes are often solvable with a formal payment demand; in unclear cases a visit to the local court (Amtsgericht) may be necessary, as tenancy disputes are usually heard there in the first instance. Court proceedings follow the rules of the ZPO.^[2]

Forms and templates

Useful forms or sample letters include a sample notice of termination of the tenancy, a sample letter for reclaiming the deposit and a simple assignment agreement. Official guidance and general templates are provided by relevant authorities.^[3]

Case law

For complex disputes, familiarity with relevant decisions of the Federal Court of Justice (BGH) can be helpful because they have precedent value for the interpretation of tenancy law questions.^[4]

FAQ

Can I assign my deposit to a successor tenant?

Yes, this is possible if both parties and ideally the landlord agree; written agreements provide legal certainty.

Is an e‑mail sufficient as assignment?

An e‑mail can be evidence, but a signed written agreement is much stronger and recommended.

What if the landlord refuses repayment?

Document everything and send a written payment demand; if refused, consider filing a claim at the local court under the ZPO.

Which forms are useful?

Sample termination letters, a written assignment agreement and bank statements; official guidance is available from ministries and courts.^[3]

How‑To

1. Notify landlord and successor tenant in writing and record date and amount (form).
2. Collect evidence: handover report, photos, bank statements and receipts (evidence).
3. Draft an assignment agreement with names of both parties, amount and signatures (form).
4. Check the deposit account and document any payments or releases (deposit).
5. In case of dispute, prepare documents and consider court action at the local court (court).

Key takeaways

• Always get assignments and landlord consent in writing.
• Keep all documents, photos and bank statements for evidence.

Help and Support

• Gesetze im Internet (BGB, ZPO and other codes)
• Federal Ministry of Justice – templates and guidance
• Federal Court of Justice (BGH) – case law

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesministerium der Justiz – Muster und Hinweise
4. [4] Bundesgerichtshof (BGH) – bundesgerichtshof.de