Security Deposit for Index Rent: Deadlines in Germany
Many tenants in Germany face the question of how to properly secure the security deposit for index rent, which documents are required and which deadlines apply. This guide explains step by step which documents landlords and tenants need, how to file the deposit claim on time or request reimbursement and which official forms and courts are responsible. You will receive a practical checklist, sample formulations and notes on bank and handover records. The language is deliberately simple; technical terms are explained. At the end you will find a short guide on submitting documents to the local court as well as FAQ and official links so that you as a tenant in Germany can act confidently.
What applies to index rent and security deposit?
With index rent, the amount of rent is tied to a price index; the security deposit itself is usually contractually agreed and remains a separate claim. Legal provisions on the tenancy and on landlord and tenant duties can be found in the German Civil Code (BGB).[1] In case of dispute, the local court (Amtsgericht) is competent; for higher court decisions, the Federal Court of Justice is the instance for fundamental questions.[2]
Important documents
- Tenancy agreement with deposit clause (amount, payment method, deadlines).
- Proof of deposit payment (transfer, receipt, bank statement).
- Handover protocol and evidence photos at move-in and move-out.
- Written correspondence with the landlord (emails, letters, reminders).
- Deadline information in the lease or statutory deadlines for accounting and reimbursement.
Deadlines and practical steps to apply on time
Follow these steps to request reimbursement on time and protect your rights:
- Check the tenancy agreement for agreed deadlines and formal requirements.
- Prepare complete documentation (proofs of payment, protocol, photos).
- Send a brief written reimbursement claim to the landlord (date, amount, bank), preferably by registered mail.
- Optionally set a reasonable payment deadline (e.g. 14 days) and announce further steps.
Sample text for a letter to the landlord
"Dear Mr/Ms X, please transfer the deposit refund of EUR X,XX by DD.MM.YYYY to the following account: IBAN ... . Enclosed are copies of the payment receipts and the handover protocol. Sincerely, Name."
If the refund is not paid: lawsuit and court routes
If payment remains outstanding despite a request, tenants can file a lawsuit at the competent local court. Jurisdiction and procedural rules are governed by the Code of Civil Procedure (ZPO). Before filing suit, a last reminder or a payment order is often advisable and evidence should be reviewed; in complex cases professional advice may help. Fundamental rulings on tenancy law are made by the Federal Court of Justice, which offers guidance for similar cases.[2]
FAQ
- Which documents should I collect first?
- Collect the tenancy agreement, proof of deposit payments, the handover protocol and all written contacts with the landlord; these documents form the basis for a claim.
- How long does the landlord have to refund?
- There is no fixed federal deadline for every deposit; usually the landlord should settle accounts and refund the balance within a few months after the tenancy ends. Check contractual deadlines and set a written deadline.
- Which authority is responsible if it goes to court?
- Tenancy disputes are generally handled by the local court (Amtsgericht); the Federal Court of Justice decides fundamental legal questions.[2]
How-To
- Step 1: Check documents and prove payments.
- Step 2: Send a written reimbursement request with a deadline.
- Step 3: Wait for the deadline and consider proceedings or court action.
- Step 4: File a claim at the competent local court if necessary; use official forms.[3]
Help and Support / Resources
- Gesetze im Internet – Full text of the BGB and relevant sections.
- Bundesgerichtshof (BGH) – Case law in tenancy matters.
- Justiz NRW Form Collection – Sample forms and lawsuit templates (example).
