Guarantee Instead of Deposit: Tenant Errors in Germany
As a tenant in Germany, it is important to pay attention to formalities and deadlines when using alternatives to the classic deposit (for example, guarantees). Many tenants underestimate which proofs landlords may request, how long deadlines apply and which risks exist for tenant protection and claims for damages. This guide explains clearly when a guarantee instead of a deposit payment makes sense, which clauses in rental agreements can be problematic and how to use correct forms. I show practical steps for documentation, compliance with deadlines and conduct in disagreements with the landlord. This preserves your rights as a tenant and reduces the risk of terminations, retention of the deposit or court disputes.
What is a guarantee instead of a deposit?
A guarantee instead of a deposit means that a third party guarantees to the landlord to pay outstanding rent claims. The legal basis can be found in the German Civil Code (BGB) §§ 535–580a[1].
Common mistakes and how to avoid them
- Ignoring deadlines (deadline): Tenants miss objection or repayment deadlines.
- Unclear contract clauses (form): The guarantee wording is missing or too broadly defined.
- No records kept (evidence): Payment proofs or copies of the guarantee are not retained.
- Misunderstood liability scope (deposit): Tenants underestimate the guarantor's payment obligations.
- No legal review (court): Disputes quickly end up in court if prerequisites are unclear.
How to avoid mistakes in practice
- Check the contract (form): Have the guarantee clause worded in writing and transparently.
- Collect evidence (evidence): Keep bank statements, handover reports and copies of the guarantee.
- Note deadlines (deadline): Record written deadlines for claims and defenses.
- Seek help early (contact): Contact a counseling center or lawyer if in doubt.
Forms and templates
Use official templates for letters, for example the termination letter (template of the Federal Ministry of Justice) as a model for setting deadlines and claims. For eviction actions and court procedures, the provisions of the Code of Civil Procedure (ZPO)[2] apply; use the official forms and court guidance. Example: If the landlord wrongly demands the guarantee, send a written demand for repayment with a clear deadline and supporting documents.
FAQ
- Can the landlord demand a guarantee instead of a deposit?
- Yes, the landlord can demand a guarantee if it is contractually agreed or arranged by consent. The guarantee must be clearly worded and the scope of liability must not be surprising.
- Which deadlines are important for repayment or objections?
- Pay attention to the deadlines in the guarantee and in the rental agreement; missed deadlines can limit rights. If in doubt, respond promptly and secure evidence.
- What to do if the landlord wrongly demands money from the guarantee?
- Collect evidence, send a substantiated repayment request and seek legal advice; the local court may be competent if necessary.
How-To
- Check the guarantee contract (form): Pay attention to duration, scope of liability and revocation rules.
- Collect documents (evidence): File bank statements, handover protocols and correspondence chronologically.
- Observe deadlines (deadline): Record all deadlines and respond in writing within the specified time.
- Obtain advice (contact): Contact an official counseling center or a lawyer before initiating court proceedings.
- Consider court action (court): Check the competence and filing deadlines of the local court.
Key takeaways
- Keep all documents and proofs well organized.
- Note deadlines immediately and react on time.
- Review guarantee clauses before signing or seek legal help.
Help and Support / Resources
- German Civil Code (BGB) §§ 535–580a
- Code of Civil Procedure (ZPO)
- Federal Court of Justice (BGH) – Decisions
