Deposit and Utility Cost Risks 2025 for Tenants Germany

As a tenant in Germany in 2025 you may face questions about the deposit, the security account and handling utility cost risks. This guide explains clearly what rights you have under the Civil Code (BGB), how a secure deposit account works and which deadlines apply when claiming repayment or settling accounts. You will learn when a rent reduction is possible, how to check service charge statements and which forms or evidences may be relevant in court or at the local court (Amtsgericht). Practical step-by-step instructions help when demanding repayment and protecting against unjustified deductions. The aim is to give you clear actions and pointers to official authorities and forms so you can assert your tenant rights confidently.

What applies in 2025?

The basic tenant rights continue to be governed by the BGB, in particular the provisions on obligations and rights arising from the tenancy.^[1] For service charges, the Betriebskostenverordnung (BetrKV) is decisive and explains which items can be charged to tenants.^[2] Procedures to assert claims are governed by the Zivilprozessordnung (ZPO) and are heard in local courts when it comes to tenancy disputes.^[3]

Deposit and Security Account

The deposit serves as security for landlord claims. Customarily up to three months’ rent is taken as a deposit; interest is due to the tenant. A separate deposit account can help keep personal funds separate from the landlord's assets. Request settlement and repayment in writing with a deadline and document transfers and account statements. Use a formal letter if useful (for example a termination or repayment demand). A template from the Federal Ministry of Justice can serve as orientation and shows structure and wording for setting a deadline.^[4]

Service Charges: Checking Statements

For service charge statements: check, request receipts, observe deadlines. Pay attention to totals and individual items, accounting periods and possible double charges.

• Check the accounting deadline and payment due dates.
• Request receipts for individual service charge items.
• Compare heating and hot water costs with previous years.
• If there are obvious errors, file a written objection.

FAQ

How long can the landlord withhold the deposit?

The landlord must settle the deposit after termination of the tenancy within a reasonable period; typical periods are around six months, depending on the necessary review of claims.^[1]

Must the deposit be held in a special deposit account?

The BGB does not mandate a specific escrow account, but tenants are generally entitled to interest and separate account management offers protection against commingling with the landlord's assets.^[1]

What to do about an incorrect service charge statement?

Request receipts, file a written objection within a reasonable period and document all inquiries and responses from the landlord.^[2]

How-To

1. Gather all tenancy agreements, payment receipts and the service charge statement.
2. Issue a written deadline to the landlord for repayment of the deposit and request receipts.
3. If deadline and reminders fail, consider filing a claim at the competent local court; tenancy disputes are heard there.
4. Use official templates and guidance from ministries or justice portals for drafting and filing.

Help and Support / Resources

• BGB: Federal statutory provisions on tenancy law
• BetrKV: Regulations on service charges
• Federal Court of Justice: decisions and guidance on tenancy law

1. [1] Buergerliches Gesetzbuch (BGB) §§535–580a
2. [2] Betriebskostenverordnung (BetrKV)
3. [3] Zivilprozessordnung (ZPO)
4. [4] Federal Ministry of Justice – forms and guidance