Tenant Rights: Assignment to New Tenant in Germany
Many families in Germany face the question when moving out of how to properly handle assignment to a new tenant without suffering disadvantages regarding the deposit, lease or handover. This guide explains step by step which rights tenants have, which formalities are important and how to fairly resolve claims, deposit settlements and possible subsequent demands. We cover necessary evidence, deadlines, the correct conduct toward the landlord and available template forms. The aim is that you as tenants in Germany can move out safely and with legal certainty — especially if you as a family have particular needs during the move and the handover. At the end you will also find notes on how to proceed in disputes and which courts are responsible.
What does assignment to a new tenant mean?
An assignment to a new tenant means that an existing contractual position or claim is transferred to the person moving into the apartment. In rental relationships this often concerns liabilities or claims arising from the ongoing contract. Legal bases for landlord and tenant obligations can be found in the BGB, in particular the provisions on the rental agreement and handover obligations[1].
Rights and obligations when requesting assignment
As a tenant you should check and record the following points in writing:
- Deposit (Kaution): Clarify whether the deposit is handed over directly to the new tenant or settled with the landlord.
- Forms (notice): Use a written handover protocol and, if necessary, an assignment agreement form.
- Deadlines (Fristen): Observe time limits for handover and settlement so that no claims become time-barred.
- Evidence (Belege): Collect photos, invoices and communication as proof.
Practical steps when moving out
The following steps help to properly arrange assignment to a new tenant and avoid conflicts.
- Contact the landlord early and inform them about the proposed new tenant.
- Agree on a written assignment or takeover statement signed by all parties.
- Deposit clarification (Kaution): Determine whether the deposit will be transferred or retained by the landlord.
- Create a handover protocol and document key handover.
FAQ
- Does the landlord have to accept a new tenant?
- No, a landlord is not generally obliged to accept a new tenant; he may protect his legitimate interests. In many cases, however, an amicable solution is possible, especially if the new tenant is solvent and the lease is to be continued.[2]
- How is the deposit transferred to the new tenant?
- The deposit generally remains with the landlord. A direct transfer to the new tenant must be agreed in writing. It is common for the landlord to make the deposit settlement or to hand over the deposit to the new tenant if all parties agree.[1]
- Which court is responsible if a dispute arises?
- For most rental law disputes, the Amtsgericht (local court) is responsible. For higher dispute values or appeals, the Landgericht or, in individual cases, the Federal Court of Justice may be involved.[3]
How-To
- Inform the landlord in writing about the move-out date and the proposed new tenant.
- Ask all parties for a signed assignment or takeover statement (agreement) and make a copy.
- Arrange the deposit matter in writing: transfer, settlement or new deposit.
- Create a detailed handover protocol at the apartment handover and photograph damages.
- Keep all receipts, emails and the handover protocol for possible later claims.
Help and Support / Resources
- [1] German Civil Code (BGB) §535 - gesetze-im-internet.de
- [2] Code of Civil Procedure (ZPO) - gesetze-im-internet.de
- [3] Federal Court of Justice (BGH) - bundesgerichtshof.de
