Deposit & Utilities 2025: Tenant Checklist Germany
As a tenant in Germany you often face questions about the deposit and utility charges: How must the deposit account be managed, which costs can the landlord pass on, and how do you check the annual statement? This guide clearly explains your rights under tenancy law[1], useful deadlines and concrete steps to document payments, meter readings and defects so you can minimise risks and secure refunds. Covered are account management, permissible deductions, billing deadlines and how to act in disputes with the landlord or at the local court. At the end you will find a practical checklist, a step‑by‑step procedure and official sources for forms and laws in Germany. The guide is practical and easy to apply.
What tenants need to know
In Germany the deposit is generally limited to a maximum of three months cold rent (§551 BGB). A deposit account can be kept separate from the landlord's assets and the utility billing follows rules from the Operating Costs Ordinance[2]. When checking the statement, the time of receipt and the formal traceability of receipts are important. If the landlord asserts deductions, request receipts and check whether the costs are allocable.
Checklist: Deposit and utility charge risk
- Check deposit (deposit): amount max. 3 months cold rent and collect payment proofs.
- Request a deposit account (deposit account) and keep account statements for claims.
- Observe deadlines (deadline): check utility statements within the statutory period.
- Document the statement (document): photograph receipts, meter readings and payment records.
- Report defects (repair): notify damages in writing and set deadlines for remediation.
- Know dispute routes (court): local court handles tenancy disputes; higher instances up to the BGH.
Deposit account & refund
Insist that the deposit is invested separately (savings book or escrow account) and request a detailed statement upon refund. Ask for written breakdowns if the landlord claims deductions and note deadlines for objections.
Check utility statements
Check whether all items listed are permitted under the Operating Costs Ordinance and whether distribution keys and billing periods are clear. Do meter readings and annual consumption match your records? Request copies of receipts before accepting any payment.
FAQ
- How high can the deposit be at most?
- The deposit is generally at most three months' cold rent. Request proof of payment and, where appropriate, demand that it be held in a separate account.[1]
- What deadline applies for checking the utility statement?
- Check the statement promptly after receipt: statutory deadlines apply and you can request invoices from the landlord; the Operating Costs Ordinance regulates permissible items.[2]
- Where can I turn if the landlord does not justify deductions?
- For unresolved disputes the local court (Amtsgericht) is the first instance for tenancy matters; decisions of the Federal Court of Justice may be relevant for fundamental legal questions.[3]
How-To
- Collect documents (document): digitise all deposit payments, account statements and utility receipts.
- Contact the landlord (contact): ask in writing and request itemised cost allocations.
- Observe deadlines (deadline): file objections or questions within the stated time limit.
- Consider court action (court): if no agreement is reached, contemplate filing in local court.
Key Takeaways
- Documentation is the most important protection against unjustified deductions.
- Deposits are generally limited to three months' cold rent and must be managed transparently.
- Do not miss deadlines for utility statements or you may lose objection rights.
Help and Support / Resources
- BGB: Rights and duties under the tenancy contract
- Operating Costs Ordinance (BetrKV)
- Federal Court of Justice (BGH) – tenancy case law
