Claim Deposit Interest: Tenants in Germany

Many tenants in Germany find that their landlord has not correctly refunded or declared interest credited on the security deposit. If interest is earned on the deposit account, tenants are entitled to a transparent statement and, if applicable, repayment. This guide explains which documents you should collect, how to calculate interest, which deadlines apply and when a visit to the local court may be necessary. I describe practical steps, sample letters and the most important legal basics in plain language so you can assert your claims in writing and securely. The information is aimed at tenants without legal training and is based on applicable law in Germany.

What can tenants do?

If you suspect that interest from the security deposit is missing or not correctly stated, systematic action helps: collect evidence, calculate interest and demand repayment from the landlord in writing. Documentation increases the chances of success both out of court and in court.

• Bank statements for the deposit account (bank, security deposit account)
• Correspondence with the landlord
• Receipts for repairs and accounting
• Proof of interest credits (annual statements)

Legal basis

The rights and obligations of tenant and landlord arise from the BGB (in particular §§ 535–580a)^[1]. For court actions and procedures, the rules of the Code of Civil Procedure (ZPO) apply^[2]. Relevant decisions of the Federal Court of Justice (BGH) clarify these rules in individual cases^[3].

How do I calculate interest?

Interest is usually calculated according to the interest rate agreed on the deposit account or the market interest rate. Check account statements and annual statements, noting opening and closing balances and booking dates.

• Calculate the period and the interest rate applied to the account.
• Create a table with deposits and withdrawals, balances and interest periods.
• Include your calculation of the claim in a letter to the landlord.

FAQ

Can I claim interest on my deposit?

Yes, if interest was earned on the deposit account and the landlord has not fully compensated it, you can demand payment.

Which documents do I need?

You need bank statements, annual statements of the deposit account, receipts and correspondence with the landlord.

When is a court claim at the local court necessary?

If the landlord does not respond to a legitimate claim or disputes the amount, a claim at the local court may follow.

How-To

1. Collect and arrange documents chronologically.
2. Calculate interest and compile the claim.
3. Send the repayment letter by registered mail and set a deadline.
4. If no agreement is reached: file a claim at the local court.

Key takeaways

• Keep all bank statements and receipts.
• Request interest in writing with a deadline.

Help and Support / Resources

• BGB (gesetze-im-internet.de)
• ZPO (gesetze-im-internet.de)
• Federal Court of Justice (BGH)

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de