Guarantee instead of Deposit: Documents & Deadlines Germany
Many tenants in Germany choose a guarantee instead of a cash deposit to reduce the financial burden when moving in. For landlords to accept the guarantee, you need certain documents: the guarantee declaration, identity documents, income or credit proofs and often a written confirmation from the guarantor. Deadlines for submitting documents and the required form of evidence are also important. In this guide I explain in plain language which documents are requested, how to meet deadlines, which official forms are relevant and how to document proofs with local courts or the landlord. This helps you as a tenant to keep track of your rights and obligations. I also show which forms are recognized by the local court and how to file documents properly.
Which documents does the landlord require?
Landlords usually require a combination of personal and financial proofs so that the guarantee is accepted as a substitute for the deposit. Typical documents are:
- Guarantee declaration signed by the guarantor (written, clear liability commitment).
- Identity proof of the tenant and the guarantor (ID card or passport, possibly registration certificate).
- Income statements or payslips as proof of the guarantor's creditworthiness.
- If required, a negative credit report or bank reference requested by the landlord.
Forms and legal basis
There is no nationwide mandatory form for private guarantees, but templates are commonly used. For tenancy obligations and the basics of deposit amounts, the relevant provisions of the BGB apply.[1] Rules of the ZPO apply for court procedures (e.g. eviction claims).[2]
- Guarantee declaration (template): name of the guarantor, liability amount, start and duration of the guarantee and signature.
- Power of attorney for receiving confirmations if the tenant submits documents via a representative.
- Income/payslip copies: recent payslips or tax assessments as copies.
Deadlines: When must proofs be submitted?
Deadlines are crucial: some landlords require proof before handover, others accept submission within a few days. Pay attention to contractually agreed dates and, if necessary, request an extension in writing.
- Before moving in: commonly required deadline for complete proofs and signatures.
- Within 7–14 days: common grace period if nothing is specified in the contract.
- In legal disputes: statutory deadlines according to the ZPO must be observed.[2]
Examples of submission
Concrete example: A tenant provides the landlord with the signed guarantee declaration, a copy of the guarantor's ID and the last three payslips. The landlord confirms receipt in writing and accepts the guarantee as deposit substitute.
What to do if the guarantee is rejected?
If the landlord rejects the guarantee, ask for a written rejection with reasons. Check whether the rejection is factually justified or contrary to tenancy principles. In case of uncertainty, the local court may be responsible; request information there about possible steps.[3]
FAQ
- What documents does the guarantor need?
- The guarantor should provide a signed guarantee declaration, identity proof and income proofs.
- Is a verbal guarantee valid?
- No, a guarantee should be confirmed in writing to be enforceable in court.
- What is a common deadline for submitting proofs?
- Commonly proofs are submitted before move-in or within 7–14 days; in legal proceedings the ZPO deadlines apply.[2]
How-To
- Collect the guarantee declaration, ID and income proofs of the guarantor.
- Write a short handover confirmation to the landlord and request an acknowledgement of receipt.
- Observe contractual deadlines and submit documents on time.
- In case of dispute: gather documents, note deadlines and consider having the local court review the case.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
- Zivilprozessordnung (ZPO) — gesetze-im-internet.de
- Information on courts and local courts — justiz.de
