Tenant Security Deposit Account in Germany
As a tenant in Germany, it is important to place the security deposit safely and on time. A security deposit savings account in the tenant's name offers legal advantages: the bank holds the funds separately, certain rules on interest and repayment apply under the BGB, and the landlord cannot dispose of them arbitrarily. This article explains step by step how to open a deposit savings account, which official forms and proofs are required, which deadlines must be observed and which authorities or courts you can contact. Read on for concrete templates and links.
What is a security deposit savings account?
A security deposit savings account is a form of tenancy deposit account that is usually kept separate from the landlord's assets and serves to protect the tenant. The legal basis for landlord and tenant obligations can be found in the BGB, especially regarding tenancy agreements and repayment obligations.[1]
In most regions, tenancy deposit accounts must be kept separately by law.
Opening a deposit savings account: important steps
Required documents
- Identity card or passport and registration certificate.
- Tenancy agreement or written deposit agreement.
- Deposit payment ("deposit") by transfer or cash; request a payment receipt.
- Handover protocol and photos as proof of the apartment condition at move-in.
Keep copies of all payment receipts.
What the bank typically requires
Many banks open a special account or savings book marked "tenancy deposit"; the account is in the tenant's name or managed in trust. Banks usually require proof of identity, the tenancy agreement and proof of payment. Interest generally accrues to the account holder; clarify interest conditions in advance.
Frequently Asked Questions
- Who holds the deposit during the tenancy?
- The deposit is usually held in a separate account that protects the tenant and is managed by the bank.[1]
- Can the landlord use the deposit without evidence?
- No. A landlord may only assert legitimate claims and must provide evidence if necessary. Without concrete proof, a blanket offset is not permitted.
- How long does repayment take after moving out?
- There is no fixed statutory deadline for repayment, but courts often allow time to review utility cost statements; in disputes, jurisdiction often lies with the local court (Amtsgericht) or higher instances.[2]
How-To
- Check the tenancy agreement for deposit clauses and the amount required.
- Prepare documents: ID, tenancy agreement, registration certificate.
- Visit a bank and open the deposit savings account or deposit account; get written confirmation of the account designation.
- Pay the deposit and obtain a receipt; document the condition of the apartment at move-in.
- Keep all documents; if problems arise, contact the bank first and then, if necessary, the local court or legal advice services.
Key Takeaways
- A deposit savings account protects tenancy deposits through separate custody.
- Receipts and a handover protocol increase your evidential strength.
- Respond quickly to claims to avoid losing rights.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Bundesgerichtshof (BGH) – bundesgerichtshof.de
- Federal Ministry of Justice and Consumer Protection – bmj.de
