Security Deposit Account Changes: Tenant Tips Germany
Many tenants in Germany face the question of how to transfer or close a security deposit account when moving out. Errors during a bank change can delay or reduce the refund of the deposit. This article explains in plain language the key steps: how to inform your bank and landlord in good time, which documents to collect, and which deadlines and legal bases to observe. You will get practical tips on documentation, communication with the bank and landlord, and concrete actions if the deposit is not fully repaid. The goal is to avoid common pitfalls and protect your rights as a tenant in Germany.
Why a correct security deposit account matters
The way a security deposit account is managed affects your chances of a full refund. Banks can cause interest allocation issues, offsetting, or incorrect account labeling; landlords must keep the deposit separate from their assets. Legal basis is the provisions in the BGB that describe tenancy relationships and obligations.[1]
Common mistakes when changing banks
- Failing to inform the bank and landlord in time, thus missing deadlines.
- Transferring deposit funds to a wrong or joint account instead of setting up a separate deposit account.
- Not keeping receipts, handover reports or account statements, resulting in missing evidence.
- Not recording agreements or forms in writing or failing to request a confirmation of receipt.
How to set up and change a security deposit account correctly
Follow clear steps: inform the bank and landlord in time, request written confirmations, document all payments with account statements and create a handover report when vacating the apartment.
If the bank delays the change or release of the deposit, check deadlines and possible legal actions. The rules of the Code of Civil Procedure (ZPO) are relevant for civil complaints; many rental disputes start at the local court as the competent instance.[2] In complex legal questions, rulings of the Federal Court of Justice (BGH) can be decisive.[3]
Common documents and forms
- Written request to the bank to change the account or release the deposit (template letter).
- Account statements and payment receipts for all deposit transactions.
- Apartment handover report signed by tenant and landlord.
FAQ
- Who manages the deposit account and can the bank withhold the deposit?
- The deposit account must be kept separate from the landlord's private assets; the bank may only withhold funds on the basis of legal claims or a clear agreement.[1]
- How long can the bank or landlord wait to repay?
- There is no fixed statutory deadline; however, it is common to review and repay within a few months after moving out, depending on statements and damages.
- What to do if the bank has problems transferring the account?
- Document all contacts, request written reasons and, if necessary, consider civil clarification before the local court.[2]
How-To
- Inform the bank and landlord in writing about the planned account change at least 4 weeks before moving out.
- Collect all evidence: rental contract, deposit agreement, account statements and handover report.
- Arrange the transfer only to a clearly designated deposit account and document the origin of the funds for the new account.
- If problems occur: send a formal request for release of the deposit, set a deadline and consider going to the local court.
Help and Support / Resources
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Bundesgerichtshof (BGH)
- Bundesministerium der Justiz und für Verbraucherschutz (BMJ)
