Evaluate Deposit Guarantee – Tenants in Germany

As a tenant in Germany, it is important to check deposit guarantees carefully before signing and when moving out. A guarantee differs from a cash deposit: instead of depositing money, a bank or insurer guarantees payment. Many uncertainties concern the amount, costs, settlement and deadlines for claiming repayment. This guide explains in plain language which clauses matter, how to document claims, which deadlines apply and which official rights and forms you can use. I also refer to relevant laws, options for legal aid and routes via the local court and the Federal Court of Justice. The aim is that, as a tenant in Germany, you can enforce your deposit claims more transparently and securely. Read on for practical steps, sample wording and evidence tips.

What is a deposit guarantee?

With a deposit guarantee, a third party (e.g. bank or insurer) assumes payment for the tenant if the tenant fails to fulfil obligations. The legal basis for the security deposit and landlord and tenant obligations can be found in the BGB (§§ 535–580a).^[1] A guarantee can involve fees and often specifies who can terminate the guarantee and when.

What tenants should watch for

• Compare guarantee costs (deposit, fees) carefully.
• Check duration and cancellation deadlines (deadline).
• Verify coverage amount and exclusions, such as for damages or utility costs.
• Clarify wording on repayment and liability in the contract (form).

Move-out settlement: step by step

1. Collect documents: photos, handover protocol, proof of rent payments and invoices (photo, receipt).
2. Observe deadlines: report defects and request settlement within usual timeframes (deadline).
3. Send a written demand: request repayment from the landlord with a deadline (form).
4. If necessary: consider court action at the local court; for precedents the Federal Court of Justice is relevant.^[2]
5. Contact advisory services or check legal aid (PKH) for financial support.^[3]

Contest and secure evidence

If the landlord claims deductions, these must be specifically justified and evidenced. Gather repair quotes, photos before and after repairs and witness statements. Give the landlord a deadline to respond, otherwise you can claim the deposit in court. Proceedings usually start at the local court; Federal Court of Justice decisions may be relevant for legal questions.^[2]

How-To

1. Gather documents and photos (photo, receipt): record meter readings, damages and payment proofs.
2. Write a formal repayment demand (form): send the landlord a written request with a clear deadline.
3. Contact advisory services (contact): consult local tenant advice or consumer centres.
4. Consider court action (court): file a claim at the local court if payment is refused.
5. Check legal aid options (deadline): apply for legal aid (PKH) in time if necessary.^[3]

FAQ

Who is liable with a deposit guarantee?

The guarantor (e.g. bank or insurer) is liable up to the guarantee amount to the landlord; contractual rights of the tenant remain unaffected.

How long does the landlord have to settle the deposit?

There is no fixed deadline in the BGB; common practice is six months up to a year for settlement, especially with service charge reconciliations.^[1]

Which forms help tenants in court?

Forms for legal aid or filing a claim are available from official authorities; for PKH applications use the forms from the Federal Ministry of Justice.^[3]

Help and Support / Resources

• [1] BGB §535 ff. — gesetze-im-internet.de
• [2] Federal Court of Justice (BGH) — bundesgerichtshof.de
• [3] BMJ Forms & PKH Application — bmj.de

1. [1] BGB §535 ff. — gesetze-im-internet.de
2. [2] Federal Court of Justice (BGH) — bundesgerichtshof.de
3. [3] BMJ Forms & PKH Application — bmj.de