Claiming Deposit: Tenant Escrow Account Germany

Many tenants in Germany are unsure when and how they can claim a rental deposit on time or whether a separate escrow account is necessary. This text explains in plain language the rights tenants have, which deadlines apply, which proofs you should collect and which official forms or courts are responsible. Practical steps help you make claims correctly, meet deadlines and resolve emergencies such as pending refunds or disputed deductions. The goal is to give you concrete actions so you can get your deposit back safely or proceed with legal certainty if needed. I also describe how to open an escrow account, which bank details matter, what interest may apply and how to document proofs for repayment.

Opening an escrow account: What tenants need to know

The German Civil Code (BGB) generally governs rights and duties regarding rental deposits; in particular, §§ 535–580a BGB address landlord and tenant obligations.^[1] A separate escrow account (trust or pledge account) is often advantageous for tenants because it provides transparency about interest and reserves. When opening an account, check whether the account ensures separation of the deposit and how account management is handled.

• Deposit amount (deposit): transfer receipt or receipt.
• Lease agreement (document) and handover protocol as proof.
• Bank details of the escrow account (payment) – IBAN and account statement.
• Written demand to the landlord (notice) with a deadline.

Deadlines and legal basis

Deadlines for claiming the deposit are not uniformly fixed by law; commonly, after returning the apartment the landlord has a reasonable period to check and settle. Procedural steps and court processes are governed by the Code of Civil Procedure (ZPO).^[2] If a settlement is missing or repayment is refused, tenants should first send a written and timely demand before considering further action.

Frequently Asked Questions

When can I claim the deposit?

Generally after the tenancy ends and the apartment is returned; the landlord may retain a reasonable review period for damages and outstanding charges.

Does the deposit have to be held in a separate account?

There is no general obligation, but a separate escrow account protects the deposit and makes interest and deductions transparent.

Which court do I contact in case of dispute?

For initial claims, the local Amtsgericht (district court) is usually responsible; appeals proceed to the Landgericht and the Federal Court of Justice.

How-To

1. Check deadlines (deadline): note the tenancy end and set a written deadline for repayment.
2. Send a demand (notice): send a formal demand by registered mail with return receipt and deadline.
3. Gather evidence (document): include transfer receipts, handover protocol and photos.
4. File a claim at the local Amtsgericht (court) if the demand is unsuccessful.

Key Takeaways

• Always set a written deadline for repayment.
• Collect and organize all payment and handover proofs.
• Use official forms and consult courts or authorities if needed.

Help and Support / Resources

• BGB §§535–580a — gesetze-im-internet.de
• Federal Court of Justice – Decisions — bundesgerichtshof.de
• Code of Civil Procedure (ZPO) — gesetze-im-internet.de

1. [1] BGB §§535–580a — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] Federal Court of Justice – Decisions — bundesgerichtshof.de