Guarantee Instead of Deposit: Tenant Rights in Germany
As a tenant in Germany you may wonder how to legally reclaim a guarantee instead of a cash deposit. This article explains in plain language which documents, deadlines and legal bases matter, how to proceed formally and when a trip to the local court may become necessary. You receive a practical checklist with documents such as the guarantee agreement, payment receipts and handover records, pointers on deadlines and examples of how to assert claims in writing against the landlord. The goal is to guide you safely through the process so you can enforce your claims under German law as quickly as possible with complete proof. The guide also names official forms and court references to help you meet deadlines and avoid costly mistakes.
When does a guarantee apply instead of a deposit?
A guarantee can replace a cash deposit if agreed in the rental contract or accepted by the landlord. Legal framework for rental deposits is found in §551 BGB; the guarantee itself is a separate obligation that regulates the guarantor's commitment.[1] It is crucial that the guarantee document and all payment records are complete so you can assert claims later.
Which documents do tenants need?
Collect all relevant documents from the start; the more complete the evidence, the stronger your position with the landlord.
- Guarantee agreement (document evidence) – original or certified copy of the guarantee agreement.
- Payment receipts (deposit) – bank statements or receipts that prove payments and reimbursements.
- Handover protocol (record evidence) – documentation of the apartment condition at move-in and move-out.
- Correspondence (form document) – emails, letters and reminder notices between tenant and landlord.
- Guarantor contact details (contact) – name, address and proof that the guarantor can actually pay.
Request in writing and observe deadlines
Request the return of the guarantee in writing and set a reasonable deadline (for example, 14 to 30 days). Specify which documents you enclose and request return or statement of defense within the deadline. If the landlord does not respond, a lawsuit can be filed at the competent local court; observe the rules for filing claims under the Code of Civil Procedure.[2] For questions of jurisdiction the local Amtsgericht is relevant.[3]
FAQ
- Can the landlord refuse a guarantee?
- The landlord can only refuse a guarantee if the contract mandatorily requires a cash deposit or the guarantee does not provide the necessary security.
- How long can the landlord retain the guarantee?
- The landlord may retain the guarantee until possible damage claims or additional operating cost settlements are clarified; there is no flat deadline, but the accounting must be done within common timeframes.
- What if the guarantor is insolvent?
- If the guarantor is insolvent, the tenant may need to seek an alternative arrangement; legally the landlord can then demand a cash deposit or assert claims directly against the tenant.
How-To
- Set a written deadline for return of the guarantee (deadline) and specify enclosed documents.
- Gather all documents (evidence) and make organized copies.
- Send a formal recovery letter (form) by registered mail with return receipt.
- If the landlord does not respond, prepare a lawsuit and file it at the competent local court (court).
- Present all documents in order during proceedings and state your claim clearly to enable a quick decision.
Help and Support / Resources
- §551 BGB — Rental deposit, statutory text
- ZPO §253 — Filing a claim and form requirements
- Justice portal — information on courts
