Deposit Account Change Checklist for Tenants in Germany
As a tenant in Germany, it is important to transfer the security deposit account correctly when changing banks and to arrange the final accounting transparently when moving out. This article explains in practical terms which documents you need, which deadlines apply and how to secure the refund. You will receive a step-by-step checklist, sample texts for communication with landlord and bank, and guidance on when a local court may need to be involved. Terms like "security deposit account" or "final accounting" are explained simply so you can act confidently and in a legally secure manner. Use the tips to avoid disputes and assert your claims for full reimbursement of the rental deposit. Practical examples show how to notify a change of account in writing and which proofs the bank requires. You will also learn which clauses in the rental agreement to watch for and how documentation helps in disputes.
What is a security deposit account?
A security deposit account is a bank account where the rental deposit is kept separately from the bank's private assets. The deposit serves the landlord as security for claims from the tenancy, such as unpaid utility charges or repair costs after moving out. Tenants should know whether their deposit is treated as special assets and whether interest is applied.
Step-by-step checklist for changing the deposit account
- Inform the landlord in writing about the planned bank change and ask for a short confirmation.
- Collect all receipts: rental agreement, payment receipts for the deposit and account statements.
- Clarify with your new bank which proofs it requires to take over the deposit amount.
- Observe deadlines: request the transfer or confirmation in good time before moving out.
- During the handover, create a move-out protocol with photos to document possible later deductions.
- Send a written request for reimbursement to the landlord if the accounting is delayed.
- If no agreement is reached, consider involving the local court or seeking legal advice.
Sample letter: inform landlord about bank change
A short, clear letter to the landlord is often sufficient. State the new deposit account, attach evidence and ask for written confirmation. Example phrase: "I hereby inform you that the rental deposit will be held in the future on the following account at Bank X: IBAN ... . Please confirm receipt in writing."
When is court action necessary?
If no agreement can be reached about reimbursement or deductions, tenants may consider filing a claim at the competent local court. In civil proceedings, the claim concerns the return of the deposit or the review of the accounting. In your correspondence, refer to applicable legal provisions such as the rules in the BGB when setting deadlines or asserting claims.[1][2]
FAQ
- Who may manage the deposit?
- The deposit may be invested by the landlord but must be kept separate from the landlord's assets; often it is held in a deposit account at a bank.
- How long may the landlord keep the deposit?
- The landlord may retain the deposit until justified claims are clarified; there is no blanket deadline, but typically accounting should be completed within a few months.
- What to do if the bank refuses the transfer?
- Ask the bank in writing for a reason and, if necessary, contact consumer advice or consider legal action.
How-To
- Step 1: Send your landlord a notice of the new deposit account and include the account details.
- Step 2: Prepare copies of all payment receipts and the rental agreement.
- Step 3: After moving out, request the accounting and repayment in writing within a set deadline.
- Step 4: If the landlord does not respond, consider filing a claim at the local court or seeking legal advice.
Help and Support / Resources
- Civil Code (BGB) – Gesetze im Internet
- Code of Civil Procedure (ZPO) – Gesetze im Internet
- Federal Court of Justice (BGH) – Information