¶¶Òõ¶ÌÊÓƵ

The Security Deposit Transfer Agreement is essential in German real estate transactions where property ownership changes hands. This document becomes necessary when a property is sold or transferred to a new owner, and the existing tenant's security deposit needs to be legally transferred from the current landlord to the new owner. The agreement ensures compliance with German Civil Code (BGB) requirements, particularly §§ 551 and 566a, which govern security deposits and their transfer. It includes crucial information such as the deposit amount, any accrued interest, current status of the deposit, and complete transfer mechanics. The document protects all parties' interests by clearly defining obligations and responsibilities, ensuring proper handover of deposit funds, and maintaining tenant rights throughout the transfer process. It's particularly important in both commercial and residential property transactions to maintain proper documentation and legal compliance.

1. Parties: Identification of all parties including current landlord (transferor), new landlord (transferee), and tenant

2. Background: Context of the security deposit transfer, including reference to the original lease agreement and reason for transfer

3. Definitions: Key terms used in the agreement, including 'Security Deposit', 'Transfer Date', 'Property', and 'Lease Agreement'

4. Amount and Status of Security Deposit: Specification of the current security deposit amount, its form (cash/bank guarantee), and current holding arrangements

5. Transfer Obligations: Details of how and when the security deposit will be transferred from current to new landlord

6. Confirmations and Warranties: Statements confirming the accuracy of deposit amount, no prior claims, and status of tenant compliance

7. Release of Obligations: Release of transferor from deposit-related obligations and assumption of these by transferee

8. Tenant Acknowledgment: Tenant's acknowledgment of the transfer and consent to new arrangement

9. Notices: Communication requirements and contact details for all parties

10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

11. Execution: Signature blocks for all parties and execution requirements