Documenting Deposit for Index Rent — Tenants in Germany

As a tenant in Germany, you should carefully document the security deposit payment and all related receipts when the lease is an index rent. Index rents change with the consumer price index, so precise payment records, a separate deposit account and an inventory protocol are important to prevent later disputes. This article clearly explains which documents you should collect, which deadlines apply and how to organize evidence systematically. You will also find step-by-step instructions on which official authorities are responsible and what legal options exist if an agreement with the landlord is not possible. The goal is that you know your rights as a tenant and can prove your deposit on time and securely.

Why document the deposit with index rent?

With an index rent, the rent amount adjusts according to the consumer price index. While running payments change, the deposit remains a key security instrument. Without clear evidence it can later be difficult to prove the actual amount paid or possible deductions by the landlord. Note the date, amount, purpose and payment method of every deposit movement and keep bank statements and receipts^[1].

Which documents should you collect?

• Photos of the inventory protocol and the apartment at move-in
• Receipt or payment confirmation of the deposit payment
• Bank statements showing the deposit and any refunds
• Email correspondence with the landlord about the deposit
• Lease sections regarding the deposit and the index rent

Deadlines and formal steps

Check deadlines in the lease and respond promptly to landlord letters. For claiming the deposit after tenancy ends, the landlord generally has a period to review and settle; specific deadlines vary and depend on the case. If in doubt, record the date of any notice, deadlines and the proofs you sent.

• Document payment dates immediately after each transaction
• Keep receipts for at least three years after the tenancy ends

What to do in case of a dispute over the deposit?

First attempt an amicable resolution with the landlord and send a formal payment request or inventory of proofs. If no agreement is reached, the competent Amtsgericht is the first judicial instance for tenancy disputes; further remedies may go up to the Bundesgerichtshof^[2] and the relevant provisions of the BGB apply^[1].

Practical templates and official form guidance

There is no nationwide standard form exclusively for deposit evidence, but useful templates and legal texts are available from official authorities. Use template letters for payment requests or lists of proofs and refer to the relevant BGB provisions in correspondence.

FAQ

Does the deposit require different documentation with index rent?

In principle, the same proof obligations apply as in other tenancies; the key is continuous documentation of payment and purpose.

How long must I keep records?

As a rule of thumb, keep records for at least three years after the tenancy ends, preferably longer if disputes are possible.

Where can I turn if the landlord does not return the deposit?

If the deposit is not returned, you can file a claim at the competent Amtsgericht; for important legal questions there are decisions by the Bundesgerichtshof.

How-To

1. Collect receipts, bank statements and photos of the apartment at move-in immediately.
2. Keep a written list with date, amount and payment method.
3. Set up a separate deposit account if possible or document the existing account in detail.
4. Contact the landlord in writing if there are uncertainties and request a deposit accounting.
5. If necessary, submit evidence to the Amtsgericht and refer to the relevant legal provisions.

Key takeaways

• Complete documentation is central to proving the deposit payment.
• Act quickly on deadlines and formal letters.
• The Amtsgericht is the first contact point for court disputes.

Help and Support / Resources

• BGB - Gesetze im Internet
• Bundesgerichtshof (BGH)
• Bundesministerium der Justiz und f\u00fcr Verbraucherschutz (BMJ)

1. [1] BGB §§535–580a (Gesetze im Internet)
2. [2] Bundesgerichtshof (BGH)
3. [3] Bundesministerium der Justiz und f\u00fcr Verbraucherschutz (BMJ)