Evaluate Deposit Guarantee at Move-Out in Germany

Many tenants in Germany face the question at move-out of how to correctly check a deposit guarantee and which steps are necessary to enforce repayment. A guarantee often replaces a savings account or a deposit account; it has its own deadlines, formalities and sometimes fees. This guide explains clearly which documents you should collect, how to photographically document the apartment's condition, which deadlines apply for written claims and when going to the local court may become necessary. I name relevant laws and official forms, show practical sample actions with clear wording and give concrete steps for tenants in Germany so you can protect your rights and avoid financial loss.

What is a deposit guarantee?

A deposit guarantee is a contractual promise by a guarantor to the landlord to cover the deposit. Tenants should know that the guarantee is often treated differently under the law than a deposit account and that, after the tenancy ends, deadlines and proof obligations apply. The relevant statutory provisions on the tenancy are found in the Civil Code (BGB) §§ 535–580a^[1].

Before moving out: check and document

Prepare in good time to avoid later disputes. Collect receipts, carry out a handover protocol and photograph all relevant rooms and defects. If possible, arrange a joint handover appointment with the landlord.

• Create a detailed handover protocol with date and signatures (evidence).
• Note any deductions the landlord might assert, such as repairs or missing keys (deposit).
• Photograph damages from multiple angles and save the files securely (repair).
• Request a written breakdown of any claimed charges from the landlord (form).

If the landlord announces withholdings, demand a concrete invoice or estimates before agreeing. Without concrete proof, flat-rate deductions are difficult to enforce.

When claiming the guarantee back

After the tenancy ends, you should demand the return of the guarantee or the release of the guarantee certificate. Many guarantees provide waiting periods or processing times. Request the release in writing and set a reasonable deadline for repayment.

• Send a written claim with a deadline by registered mail or email with read receipt (form).
• Attach copies of the handover protocols, photos and invoices as evidence.
• If the landlord does not comply, consider filing a claim at the competent local court (court)^[2].

Concrete forms and templates

There is not always a special "claim form" for deposit guarantees. Relevant official templates include:

• Termination letter (sample of the Federal Ministry of Justice, e.g. for ending the tenancy) — use this template if you want to terminate the tenancy formally and document deadlines at the same time (form).^[3]
• Written payment request to the landlord with deadline and attachments of evidence, if the guarantee is not released (evidence).

Frequently Asked Questions

How long may the landlord retain the guarantee?

The landlord may generally retain it only as long as justified claims exist; common deadlines depend on necessary checks and possibly final utility cost statements.

What if the guarantor does not release?

If the guarantor or landlord does not release, you should request in writing and possibly consider legal action. A claim at the local court may become necessary.

Do I have to present evidence in court?

Yes. Handover protocols, photos, invoices and correspondence with landlord and guarantors serve as the most important evidence.

How-To

1. Within a short period after handover: create and secure photo and protocol documentation.
2. Send a written demand to the landlord with a concrete deadline and attach the evidence.
3. If unclear: contact the guarantor service or guarantee bank and request information.
4. If no agreement: gather all documents for a possible claim at the local court (evidence, court).
5. If necessary, file a claim at the competent local court or seek legal advice.

Help and Support

• Civil Code (BGB) — gesetze-im-internet.de
• Federal Ministry of Justice (BMJ) — forms and templates
• Federal Court of Justice (BGH) — case law

1. [1] Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Jurisdiction of local courts — justiz.de
3. [3] Termination letter sample of the BMJ — Federal Ministry of Justice (BMJ)