Claim Security Deposit Account for Tenants in Germany

Many tenants in Germany face the question of how to recover a security deposit account ("Kautionssparbuch") that is held during a court or payment proceeding. This guide explains in plain language what rights tenants have, which deadlines apply, and which practical steps make sense. It describes which documents you should collect, how to write a formal payment demand, and when a payment order or a lawsuit at the local court is appropriate. You will receive pointers to relevant statutory provisions, official forms, and how to deal with the bank and landlord so you can legally reclaim your deposit.

What is a security deposit account?

A security deposit account is a form of rental deposit where the sum is placed in a savings account. Under § 551 of the German Civil Code tenants and landlords’ rights regarding deposits are regulated by law.^[1]

If the deposit is held during a proceeding

If the deposit is held because a payment or return is disputed, access restrictions may apply. In many cases claims can be resolved by a written demand; if that is not possible, a payment order or court action may be necessary.^[2]

Steps to reclaim the deposit

1. Written demand: Request the return of the account and payment of the deposit within a clear deadline (e.g. 14 days).
2. Reminder: If there is no response, send a formal reminder with a deadline and request documentation for any withheld amounts.
3. Further action: If the landlord does not respond, initiate a payment order or file a lawsuit at the competent local court.^[2]
4. Collect evidence: Secure bank statements, copies of the deposit book, the tenancy agreement and correspondence as proof.

Forms and templates (official guidance)

The rules for the payment order are laid down in the Civil Procedure Code; standard payment order forms are provided by the judiciary. A payment order can be requested without legal representation if the claim is clearly justified.^[2]

What to do in case of seizure or attachment?

If the deposit book is seized or part of enforcement proceedings, the local court or enforcement court is responsible. Contact the competent court to check whether a claim for release exists or whether third-party debtor proceedings are necessary.^[3]

FAQ

How quickly must the landlord refund the deposit?

There is no fixed statutory deadline; however it is common that the deposit is paid back a few weeks to months after tenancy ends and the account is settled. If there is a dispute, set a deadline in writing.

Can the landlord view or close the account?

The landlord generally has no automatic access without consent or a court order; changes to the deposit account usually require the consent of the registered account holders or a judicial decision.

What does a payment order or lawsuit cost?

Costs depend on the amount in dispute; a payment order is usually cheaper than a lawsuit but may lead to higher costs if contested and the case becomes contested.

How-To

1. Step 1: Send a formal demand for return to the landlord with a clear deadline (e.g. 14 days).
2. Step 2: Gather evidence: deposit book copies, bank statements, tenancy agreement and all relevant messages.
3. Step 3: If there is no response, send a reminder and prepare a payment order.
4. Step 4: If the payment order is insufficient, file a lawsuit at the competent local court and present your evidence.

Help and Support / Resources

• Gesetze im Internet: §551 BGB (Deposit regulation)
• Gesetze im Internet: ZPO §688 ff. (Payment order)
• Federal Ministry of Justice: Information on courts

1. [1] Gesetze im Internet: §551 BGB (Mietsicherung)
2. [2] Gesetze im Internet: ZPO §688 ff. (Mahnverfahren)
3. [3] Bundesministerium der Justiz: Informationen zu Gerichten