Index Rent 2025: Deposit Mistakes for Tenants in Germany

Security Deposits & Accounts 3 min read · published September 07, 2025

As a tenant in Germany, index rents in 2025 raise specific questions about security deposits: Who may demand how much, how is the deposit interest calculated, and what changes if the rent is tied to an index? This text is aimed at tenants without legal expertise and explains step by step which common mistakes occur in deposit agreements, how to check the statutory maximum, properly document a deposit account and assert refund claims securely. You will receive clear action steps for move-in, during the tenancy and at move-out, as well as guidance on which official forms and courts are responsible. The goal is for you to understand your rights and avoid practical mistakes. Read on for concrete templates and court references.

What is Index Rent and a Deposit?

With an index rent, the rent increases or decreases based on a price index; the deposit is legally separate. Under §551 of the German Civil Code, the deposit is generally limited to a maximum of three cold rents and must be agreed transparently.[1] Whether the deposit accrues interest and whether the money is held in a separate account are important points that should be specified in the rental agreement or in a written arrangement.

Deposit amounts are legally limited, usually to a maximum of three cold rents.

Common Mistakes by Tenants Regarding the Deposit

  • (deposit) Not checking the deposit amount: Failing to verify whether the deposit exceeds the legal maximum under §551 BGB.[1]
  • (deposit) Not requesting an agreement on the deposit account: No proof of which account holds the deposit or whether interest is paid on the balance.
  • (evidence) Not documenting defects at move-in: Failing to take photos or record the condition in a handover protocol.
  • (notice) Missing deadlines for repayment: Submitting a refund claim too late after tenancy ends or overlooking statutory accounting deadlines.
  • (court) Not sending a formal reminder before court: Going straight to court instead of first demanding the refund in writing with a deadline.[2]
  • (deposit) Accepting excessive deductions: Accepting claims for damages or cleaning fees without receipts.
Reply in writing to any claims and keep all receipts.

What Tenants Can Do Practically

Practical steps reduce risk and disputes: Check the deposit amount, request written confirmation of the deposit account, document the apartment condition at move-in and set written deadlines for repayment. If the landlord claims deductions, ask for a detailed statement with receipts and set a reasonable deadline in writing.

Concrete Action Steps

  1. (form) Review the contract and deposit agreement: Note amount, payment method and agreed interest.
  2. (evidence) Create a handover protocol: Take photos and have the landlord sign the protocol when moving in.
  3. (deposit) Request proof of the deposit account: Ask for account details or confirmation if the deposit is managed in trust.
  4. (notice) Demand repayment in writing: After moving out, set a clear deadline for refund (e.g. 30 days).
  5. (court) Prepare court action: If necessary, prepare a claim at the competent local court.[2]
Acting in writing early increases the chances of success in disputes.

FAQ

Can the deposit be automatically increased with an index rent?
No. The deposit is separate from the rent; an automatic increase without written agreement is not permitted. Changes must be agreed in writing.[1]
How long may the landlord retain the deposit?
There is no fixed statutory period, but landlords may retain the deposit for a reasonable time to examine potential claims. Courts often mention review periods of several months in disputes.[3]
What if the landlord makes deductions without receipts?
Request a written justification and receipts. If you do not receive a satisfactory response, set a deadline and consider filing a claim at the local court.[2]

How-To

  1. (form) Check the agreement: Read the deposit clause and note agreed amounts and modalities.
  2. (evidence) Collect evidence: Create a handover protocol and keep photos and receipts.
  3. (deposit) Ask for account proof: Request written confirmation of where the deposit is held.
  4. (notice) Demand repayment in writing: Set a deadline for the landlord to return the deposit after move-out.
  5. (court) Take court action if needed: File a claim at the competent local court.

Help and Support / Resources

  1. [1] Bürgerliches Gesetzbuch (BGB) §551 – gesetze-im-internet.de
  2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
  3. [3] Bundesgerichtshof – bundesgerichtshof.de

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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