Deposit Account Change: Tenant Rights in Germany

When moving out, changing the deposit account can lead to conflicts between tenant and landlord. Many tenants are unsure whether the bank may be changed, how the deposit remains protected and what deadlines apply for repayment. This guide clearly explains tenants' rights in Germany, shows typical mistakes when switching the deposit account and provides practical sample letters for communication with the bank and landlord. You will learn which proofs are important, how to request a secure account transfer and which steps help to retrieve your deposit promptly. The guide is aligned with the statutory foundations and contains notes on further steps if disputes arise.

Rights and obligations regarding the deposit account

The rental deposit serves as security for landlord claims; §551 of the German Civil Code (BGB) provides information on the type and use of the deposit.^[1] A mere account change alone does not automatically entitle the landlord to keep the deposit unsecured. Tenants are entitled to transparent settlement and repayment after the end of the tenancy.

Common mistakes when changing the deposit account

• Missing deadlines: Not raising an objection in time (deadline).
• No written confirmation: Not requesting a form or written statement (form).
• Not securing evidence: Missing bank statements, photos and handover protocol (evidence).
• Deposit unsecured on a third-party account: Accepting a change without clear protection (deposit).

How tenants should proceed safely

1. Set a deadline: Request confirmation of the account change in writing within a clear timeframe (deadline).
2. Send a sample letter: Send a signed letter to the bank and landlord requesting secure custody (form).
3. Collect evidence: Keep bank statements, photos and the handover protocol (evidence).
4. Consider legal steps: If unwilling, file for a payment order or consider a lawsuit (court).^[2]

Which official forms exist and when they help

Payment order (application for issuance of a payment order): This procedure is useful when the claim for repayment is clear and undisputed; it is a faster, less expensive intermediate procedure under the Code of Civil Procedure (ZPO) than immediate litigation.^[2] Example: The landlord does not respond after two reminders; then an application for a payment order may be useful.

Lawsuit (written complaint at the competent local court): If the claim is disputed or complex (e.g. utility cost settlement), you file a lawsuit at the local court; the court will decide after reviewing the evidence.

Sample letter to the bank

Dear Sir or Madam, please confirm in writing that the rental deposit remains on a separate security account registered to the tenant and provide account details and the interest rate. If a transfer or rebooking is to take place, please provide written consent and a deadline for review.

FAQ

1. May the landlord simply change the deposit account to another bank?

No. A unilateral change must not impair the security of the deposit; tenants should request written confirmation and refer to statutory protection under §551 BGB.^[1]

2. How long does the landlord have to repay the deposit?

The landlord must repay promptly after completing all settlements and reviewing justified claims; in practice a period of a few months often applies, but exact deadlines are not uniformly fixed by law.^[1]

3. When should I file a payment order?

If the landlord does not pay despite written demand and the claim is clear, a payment order under the ZPO may be appropriate before filing a lawsuit.^[2]

How-To

1. Set a deadline in writing and send by registered mail or email with confirmation of receipt.
2. Send a sample letter to the bank and landlord and request written confirmation.
3. Gather all evidence: bank statements, handover protocol, photos of defects.
4. If there is no response: file a payment order or bring an action at the local court (seek legal advice if necessary).^[2]

Help and Support / Resources

• §551 BGB — Legal text
• Federal Court of Justice — decisions
• Code of Civil Procedure (ZPO) — enforcement and proceedings

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1. [1] §551 BGB — Legal text
2. [2] ZPO — Payment order & litigation
3. [3] Federal Court of Justice — publications