Guarantee Instead of Deposit for Tenants in Germany

Many tenants in Germany face the question of whether a guarantee (bürgschaft) can replace a cash deposit and how to document it securely with receipts and records. This text explains in plain language which documents matter, what rights and duties arise from the lease and the BGB, and how to meet formal deadlines and preserve evidence. Practical steps for proving claims are described, official forms are named, and when a local court may be the point of contact is shown. The guidance is aimed at tenants who offer a guarantee or whose landlord requires one, to help avoid conflicts or be prepared for legal disputes.

What is a guarantee instead of a deposit?

A guarantee is a contractual promise by a third person (guarantor) to cover rent arrears or damages if the tenant cannot pay. It is important legally that the guarantee is agreed in writing and clearly states scope and duration. Relevant tenancy law provisions can be found in the BGB.^[1]

Which documents are important?

• Guarantee agreement (written) – original and copies.
• Identity and, if applicable, proof of the guarantor's solvency (ID, income statements).
• Payment proofs (rent payments, bank transfers, refunds).
• Correspondence and forms with the landlord (emails, letters, handover protocols).
• Photos of defects, handover protocol and receipts for repairs.

Forms and templates

There are official templates and recommended wordings for many steps, such as a termination letter template or handover protocols. A commonly cited example is the termination letter template from the Federal Ministry of Justice; such templates help meet formal requirements and state deadlines correctly.^[2] In practice: note date, recipient, the specific reason and send important letters by registered mail with return receipt when deadlines or evidentiary value matter.

If a dispute arises

If a conflict occurs (e.g., refusal to refund, claims for damages), tenancy disputes can be heard at the local court (Amtsgericht). Procedural rules for civil actions are regulated in the ZPO; deadlines and formalities are important here.^[3]

FAQ

Can a guarantee completely replace a cash deposit?

Yes, a written guarantee can be agreed instead of a cash deposit if both parties consent; the specific obligations are set out in the lease and governed by tenancy law.

Which documents should I collect first?

Collect the guarantee agreement, payment proofs and correspondence with the landlord first, as well as photos and handover protocols.

Whom do I contact in a dispute?

If conflicts cannot be resolved, the competent local court (Amtsgericht) is the first instance for tenancy claims; consumer advice centers or legal expenses insurance can assist.

How-To

1. Collect all relevant documents and arrange them chronologically.
2. Inform the landlord in writing (notice) and request clarification or repayment.
3. If necessary, submit your evidence to the competent authority or court (court).
4. Keep track of deadlines and respond within set timeframes (deadline).

Help and Support / Resources

• Civil Code (BGB) – Gesetze im Internet
• Federal Court of Justice – decisions and information
• Federal Ministry of Justice and Consumer Protection (BMJV)

1. [1] Gesetze im Internet - Bürgerliches Gesetzbuch (BGB)
2. [2] Bundesministerium der Justiz und für Verbraucherschutz - Muster und Hinweise
3. [3] Gesetze im Internet - Zivilprozessordnung (ZPO)