Security Deposit & Bills: Tenants in Germany

As a tenant in Germany, the security deposit and the utility bill can quickly become a source of dispute. Missing deadlines or setting up the deposit account incorrectly can lead to unnecessary costs or legal trouble. This guide explains clearly which common mistakes occur with deposits, deposit accounts and utility bills, how to secure your money and which documents you should collect. I show practical steps for reporting heating or water damage, checking the operating cost statement and the correct behavior when the landlord demands payments. The tips are based on applicable law in Germany and name helpful forms as well as the competent courts for tenancy disputes. Deadlines, evidence photos and the correct procedure for reclaiming parts of the deposit are especially important.

Deposit and Deposit Account

The legal basis for the rental deposit is regulated in Germany. Keep the deposit separate from the landlord's assets and request written confirmations about payment and account management. ^[1]

• Do not have the deposit placed on a non-segregated, non-interest-bearing account.
• Do not miss deadlines related to reclaiming the deposit (e.g., due to billing checks).
• Do not fail to collect dated receipts and handover reports.
• Failing to claim interest on the deposit.

Practical approach: Request an account statement or a written confirmation from the landlord when the deposit is paid. Note the date and amount and keep receipts for any future claims.

Utility Bills: Deadlines and Checking

The operating cost statement must be transparent and comprehensible. Make sure all items are explained and receipts are available; if in doubt you can request inspection of the original receipts. ^[2]

• Overlooking billing deadlines (review or objection deadlines).
• Accepting items without explanation or undisclosed flat rates.
• Incorrectly charging repairs and maintenance as operating costs.

If you find discrepancies, request written inspection of receipts and set a deadline for clarification. Submit written objections and attach evidence to the landlord and document dispatch and receipt.

What to do with Payment Demands or Reminders?

Carefully check reminders: compare claims with your lease, the latest operating cost statement and your receipts. Only pay verified amounts or file a written objection and ask for a detailed breakdown.

• Contact the landlord by letter or email and document every communication.
• When objecting, send a formal, dated statement with receipts.
• If a dispute arises, the local Amtsgericht is competent for tenancy claims and eviction suits.

FAQ

How much may the landlord demand as a deposit?

The landlord may demand at most three monthly rents excluding utilities as a deposit; the deposit is usually payable in up to three installments. ^[1]

Within which deadline must the utility bill be issued?

The bill must generally reach the tenant within one year after the end of the billing period; check exact deadlines and respond in writing if you have objections. ^[2]

Which court do I contact for an eviction suit?

Local Amtsgericht is competent for tenancy disputes and eviction suits; appeals go to the Landgericht and legal questions may reach the Bundesgerichtshof. ^[3]

How-To

1. Check payment and account: Record the deposit payment in writing and request confirmation with account details.
2. Create documentation: Collect receipts, photos and the handover protocol and store them securely.
3. Observe deadlines: Respond to operating cost statements and reminders within the set timeframes.
4. File a formal objection: Send a dated objection with evidence to the landlord and keep copies.

Help and Support / Resources

• Deposit: BGB §551 – Gesetze im Internet
• Operating Costs Regulation – Gesetze im Internet
• Federal Court of Justice – Decisions and Information

1. [1] Gesetze im Internet – BGB §551
2. [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
3. [3] Bundesgerichtshof – Information and Decisions