Guarantee Instead of Deposit: Tenants in Germany

As a tenant in Germany, choosing a guarantee instead of a cash security deposit can be a practical option, but it often carries pitfalls. This guide explains clearly which typical mistakes to avoid in 2025, how to prove guarantees, which official forms are relevant, and which deadlines must be observed. We show step by step how to collect reliable evidence, what a legally valid guarantee must include and when a deposit account is more sensible. We also name the responsible courts and laws so you know where to file suit in case of a dispute. The goal is that tenants know their rights and present clear evidence to avoid unnecessary risks and costs.

What is a guarantee instead of a deposit?

A guarantee means that a third person (the guarantor) is liable for the tenant's obligations to the landlord. Unlike a cash deposit, no money is blocked in a deposit account. Legal bases on landlord and tenant obligations are found in the Civil Code (BGB) §§ 535–580a.^[1]

It is important that a guarantee is regulated in writing and its content is unambiguous: duration, maximum amount, triggering conditions and written form must be clear. Without a clear agreement, disputes often arise later about triggering and burden of proof.

Typical legal pitfalls

• Unclear guarantee terms or missing written form
• No or insufficient evidence of damages, settlements or rent arrears
• Confusion between cash deposit and guarantee when reclaiming money
• Failure to meet deadlines for objection or filing suit
• Omitting to use official forms or sample letters correctly

Collecting proof correctly

Good proof helps to establish or refute landlord claims. Collect tenancy agreements, handover protocols, photos at move-in and move-out, payment receipts and correspondence with the landlord. Keep dated emails and texts and create a chronological file if necessary.

• Photos and videos at move-in and move-out with dates
• Written handover protocols and signatures
• Bank receipts for rent payments and refunds
• Deadline and date records for repairs and reminders

Formal requirements must also be observed for court proceedings; eviction procedures and claims enforcement are governed by the Code of Civil Procedure (ZPO).^[2]

FAQ

Can the landlord require a guarantee instead of a cash deposit?

Yes, landlords and tenants can agree on a guarantee. However, the guarantee must not violate statutory provisions; a written agreement and precise amount specification are important.

How do I prove the legitimacy of a landlord's claim?

With evidence such as handover protocols, photos, invoices and payment receipts. Without concrete proof, the claim is difficult to enforce.

Where can I turn if a dispute arises?

First contact the competent local court (Amtsgericht) for tenancy matters; appeals go to the Landgericht and higher rulings are issued by the Federal Court of Justice (Bundesgerichtshof).

How-To

1. Collect all relevant documents: tenancy agreement, handover protocols, photos and payment receipts.
2. Check the guarantee agreement for duration, maximum amount and triggering conditions.
3. Note all deadlines; respond in writing to reminders within the deadline.
4. If claims are unclear, request a detailed statement and file reasoned objections.

Help and Support / Resources

• BGB §535–§580a – Gesetze im Internet
• ZPO – Code of Civil Procedure
• Federal Ministry of Justice (BMJ) – Forms and Information

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesministerium der Justiz — bmj.de