Tenants: Assignment to New Tenant in Germany

Many tenants in Germany face the question at move-out of how to legally arrange the assignment of their contractual rights and the handover to a replacement tenant. Clear agreements on the security deposit, the apartment handover and deadlines are particularly important. This guide explains in plain language which steps tenants should take, which forms and deadlines must be observed, and when a local court may need to be involved. It also describes how a proper security deposit account works and which checks you should perform during the apartment handover. The aim is to give you practical instructions so that move-out, finding a replacement tenant and deposit handling in Germany proceed cleanly and legally.

What does assignment to a replacement tenant mean?

Assignment to a replacement tenant means that a tenant transfers their rights and obligations from the lease either to the landlord or, by agreement, the replacement tenant assumes ongoing rights. This affects obligations such as rent payment, defect remediation and deposit assumption. Legal foundations for tenancy law can be found in the BGB.^[1]

Formal steps

• Record the written agreement between tenant, landlord and replacement tenant (form).
• Clarify deposit takeover and deposit account: who pays which amount and to which account (deposit).
• Create key handover and handover protocol, including meter readings (move-out).
• Coordinate an apartment inspection appointment and record defects in writing (inspect).

Security deposit & deposit account

When assigning, it is central to clarify whether the replacement tenant pays the deposit directly to the landlord or the previous tenant receives the payout and a new deposit is provided. Pay attention to correct account management of the deposit account; in practice a savings book or escrow account is often used. Official bodies can be helpful for sample texts and form guidance.^[3]

Handover, defects and evidence

Document all defects with photos and a signed handover protocol. Note meter readings and have landlord and replacement tenant sign. Photos, videos and written confirmations are strong evidence later in court.

• Take photos with timestamps to document condition and defects (evidence).
• Keep a written handover protocol with all items and signatures (form).

Court steps and deadlines

If disputes arise, local courts are generally competent and appeals go to the higher courts; decisions by the Federal Court of Justice may be relevant for fundamental issues. The Civil Procedure Code (ZPO) sets fixed deadlines and procedural rules. Check deadlines for eviction suits, claims or objections carefully.^[2]

Practical example: process

• Advertise and coordinate viewing appointments with interested parties (calendar).
• Present the replacement tenant agreement in writing and have the landlord confirm it (form).
• Clarify deposit handling: refund to previous tenant or takeover by replacement tenant (deposit).
• Carry out the apartment handover, sign the protocol and hand over keys (move-out).

FAQ

Can I assign my rights as a tenant to a replacement tenant?

Yes, assignment is generally possible, but usually requires the landlord's consent and should be documented in writing.

What happens to the deposit when the tenant changes?

The deposit can be newly provided by the replacement tenant or the old tenant can have it paid out; this should be contractually regulated and traceable on the deposit account.

When must I involve the local court?

If out-of-court agreements fail, for example in the case of outstanding payments or eviction, a lawsuit at the local court may be necessary.

How-To

1. Find suitable replacement tenants and document interested parties (calendar).
2. Coordinate the assignment in writing with the landlord and use a handover protocol (form).
3. Arrange the deposit clearly: who pays when and to which account (deposit).
4. Take photos and record defects in the protocol (evidence).
5. Conduct the key handover and have all parties sign (move-out).

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Federal Ministry of Justice and Consumer Protection — bmjv.de
• Federal Court of Justice — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesministerium der Justiz und für Verbraucherschutz — bmjv.de
4. [4] Bundesgerichtshof — bundesgerichtshof.de