Guarantee Instead of Deposit 2025: Tenants in Germany
Many tenants in Germany face the question of whether a guarantee instead of a cash deposit is possible and how to document it legally. This text explains in plain language what rights tenants have, what risks a guarantee entails and which proofs landlords may require. You will learn which documents are useful, how a guarantee agreement should look and which steps are advisable in case of disputes with the landlord at a local court. The language is suitable for non-lawyers; practical examples and notes on deadlines, forms and evidentiary photos help you enforce claims or protect yourself. We also describe how to prove a guarantee, which contract wordings are important and when it makes sense to seek legal advice or contact a mediation body.
When is a guarantee instead of a deposit possible?
A guarantee can be agreed if landlord and tenant consent. Legally, the guarantee remains security for claims from the tenancy but is often more flexible than depositing a cash deposit. It is important that the guarantor is clearly named, the amount of the security and the duration are clearly regulated. Unclear wording can lead to interpretation difficulties later.
What tenants should pay attention to
- Agree guarantee in writing (deposit): record amount, term and trigger conditions.
- Collect contract and proofs (document, evidence): keep contract copies, bank statements and guarantee certificates.
- Clarify deadlines (deadline): note payments, termination periods and objection deadlines.
- Check wording (form): avoid clauses on immediate maturity or tacit consent.
- Consider legal route if needed (court): if information is refused, the local court path is possible.
How to document the guarantee
Documentation protects tenants: signed guarantee agreement, copies of guarantor ID, payment receipts and photos of key handovers or meter readings. Letters to the landlord by registered mail or email with receipt confirmation are useful. Create a clear file naming date, time and persons involved.
Legal bases
Relevant laws are the Civil Code (BGB) on rental agreements and the Code of Civil Procedure (ZPO) for lawsuits; the Federal Court of Justice decides on precedents.[1][2][3]
FAQ
- What is a guarantee and how does it differ from a deposit?
- A guarantee is a contractual promise by a third party to assume the landlord's claims. The cash deposit is deposited directly; the guarantee usually remains with the guarantor.
- Can the landlord refuse a guarantee?
- Yes, the landlord can refuse a guarantee if there are legitimate doubts about the guarantor's ability to pay or if the form does not meet requirements.
- Which proofs should tenants collect?
- Documents such as the guarantee certificate, payment receipts, correspondence with the landlord and photos of the apartment condition and meter readings are important.
How-To
- Collect documents: prepare guarantee certificate, ID copies and payment receipts.
- Regulate guarantee contractually: record amount, duration and trigger conditions in writing.
- Communicate in writing: send forms or agreements by registered mail or email with confirmation of receipt.
- Act in case of dispute: first consider mediation or advice, then possibly file a claim at the local court.
Help and Support / Resources
- [1] Gesetze im Internet – BGB §535 (Mietvertrag)
- [2] Gesetze im Internet – ZPO (Zivilprozessordnung)
- [3] Bundesgerichtshof – Decisions and Information
