Deposit Savings Account: Tenant Rights in Germany

Many tenants in Germany wonder how to open a deposit savings account without getting into a dispute with the landlord. This text clearly explains which rights and obligations you have as a tenant, how the deposit account is managed securely, and which official forms and court involvements may apply. I describe practical steps for secure handling, tips for documenting payments and deposits, deadlines, repayment after moving out, and what to consider if disagreements arise before the local court. The aim is to avoid conflicts, use the legal framework of the BGB, and prepare necessary documents correctly. The statutory limit for the deposit is a maximum of three months' rent under §551 BGB, and interest must benefit the tenant. Continue reading for sample texts, communication tips with the landlord, and concrete procedural steps.

What applies to the deposit savings account?

A deposit savings account is a secure way to keep the rental deposit separate from the landlord's assets. Under §551 BGB, the deposit is generally limited to three months' rent and interest must accrue to the tenant ^[1]. In practice, the savings book is often held in the landlord's name, usually with the obligation to keep the deposit separate. Document all payments and request a receipt or confirmation of the deposit account.

Prepare: Which documents do you need?

• Have the tenancy agreement / other contract document ready.
• Check the amount of the deposit (max. three months' rent).
• If necessary: prepare a written confirmation or form for the deposit account.
• Provide personal identification (ID card) and account details.
• Request and keep a receipt for the payment.

How is the account managed in a legally secure way?

The deposit account should be managed so that the balance is separate from the landlord's assets. If you wish, request proof of the savings book or account. Note the date of each payment and keep account statements. If unclear, a discussion or a written notice to the landlord with a deadline can help; if that fails, legal clarification at the local court may be necessary ^[2].

FAQ

Who manages the deposit savings account?

Usually the landlord, but it must be kept separate and interest must be credited to the tenant.

How much can the deposit be at most?

At most three months' cold rent according to §551 BGB.

What deadlines apply for repayment after moving out?

There is no fixed nationwide deadline, but repayment must follow within a reasonable time; in case of dispute, the local court may decide.

Can the landlord offset the deposit against claims?

Yes, legitimate claims for damages or outstanding utility charges can be offset if they are demonstrable.

How-To

1. Document or form: Specify the desired account handling in writing and request confirmation.
2. Transfer funds: Pay the deposit to the agreed account or via bank transfer and keep the receipt.
3. Document: Collect receipts, account statements, and photos of the handover protocol.
4. Resolve disputes: If disagreements occur, review claim letters and involve the local court if necessary.
5. Seek assistance: Use official advisory services or legal counsel if you are unsure.

Key Takeaways

• Keep written evidence of all deposit transactions.
• Interest on the deposit must benefit the tenant.

Help and Support / Resources

• §551 BGB on Gesetze-im-Internet.de
• Code of Civil Procedure (ZPO) on Gesetze-im-Internet.de
• Federal Court of Justice (BGH) – official site

1. [1] §551 BGB on Gesetze-im-Internet.de
2. [2] Zivilprozessordnung (ZPO) on Gesetze-im-Internet.de
3. [3] Federal Court of Justice (BGH) – official site
4. [4] Federal Ministry of Justice (BMJ) – Forms and Information