Guarantee instead of Deposit – Help for Tenants in Germany

Many tenants in Germany look for alternatives to the classic security deposit. A guarantor can replace deposits if the landlord agrees and a guarantor guarantees payment. This option reduces financial pressure when moving in, but it also brings obligations and deadlines. In this article we explain in plain language for tenants which legal foundations apply, which formulations in a guarantor statement are important, and how to avoid disputes. You will find practical action steps, notes on required evidence and information on when legal action is sensible. Read on for FAQs, step-by-step guidance and official contacts.

What is a guarantor?

A rent guaranty is a contractual promise by a third party (guarantor) to stand in for the tenant if payments from the tenancy are missing. The guarantor does not automatically replace the deposit; landlords must agree to the guaranty. Legally, the guaranty is an obligation agreement governed by general contract law and tenancy law.^[1]

Rights and obligations of tenants and guarantors

Tenants should check which obligations are covered (rent, operating costs, damages) and what the term is. Landlords may not reject a guaranty without good reason, but there is no entitlement to acceptance of a particular security form. In case of dispute, rental disputes are usually decided by the local court, and proceedings follow the ZPO.^[2]

Pros and cons

• Lower upfront costs (deposit): no large cash deposit required at move-in.
• Liability risk for the guarantor: the guarantor is liable for claims by the landlord.
• Documentation effort: guaranty statement should be written and clear.
• Deadlines and durations (deadline) must be clearly defined.

Forms and court steps

There is no nationwide mandatory form for everyday agreements; many landlords use their own templates. If it comes to legal dispute (e.g. eviction claim or claim for payment), complaint forms and procedure documents are available at the competent local court and the procedure follows the ZPO.^[2] For statutes and interpretations see § 535 ff. BGB and relevant decisions of the Federal Court of Justice.^[1] You can check statutes online: BGB & ZPO at the law portal and court decisions at bundesgerichtshof.de.

FAQ

Can a landlord require a guarantor instead of a deposit?

In principle, the landlord may choose among permissible types of security as long as the choice does not violate contract law; the tenant is not obliged to provide a guarantor.

Does the guaranty have to be in writing?

Yes, for evidentiary reasons the guaranty statement should be in writing and clearly define term and scope.

Who decides in disputes about the guaranty?

In legal disputes, the local court (Amtsgericht) is usually responsible; appeals go to the regional court and possibly to the Federal Court of Justice.

How-To

1. Check the guaranty statement in writing for scope, duration and conditions.
2. Collect documents: tenancy agreement, guarantor identity and, if applicable, proof of income.
3. Observe deadlines (deadline) for objections and notifications to the landlord.
4. Contact the competent local court or federal legal information services if uncertain.

Key notes

• Insist on a clearly time-limited guaranty rather than vague blanket wording.
• Keep all agreements and receipts to clarify later claims.

Help and Support

• Federal Ministry of Justice: contact and informational services (contact)
• Gesetze im Internet: statutes for BGB and ZPO (contact)
• Federal Court of Justice: information on tenancy rulings (contact)

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Decisions on tenancy law