Security Deposit Account Change: Tenant Tips Germany

As a tenant in Germany, a change of the security deposit account can raise questions and uncertainty. This article offers a clear, step-by-step guide on how to prove an account change, which documents are important, and what rights you have against the landlord. We explain which legal provisions apply to deposit accounts, how to check claims and when it makes sense to seek resolution at the local court. The guidance is practical and shows how to systematically collect evidence, observe deadlines and, if necessary, proceed formally to recover the deposit or prove unauthorized debits.

What applies to changing a deposit account?

Under § 551 of the German Civil Code (BGB), the deposit has certain protective functions; when changing accounts, tenants should be able to prove that the deposit was properly secured^[1]. Documents such as account statements, transfer receipts and written communications to the landlord are central. Pay attention to whether the lease contract specifies a particular deposit account and whether the landlord must consent to any transfer. If uncertainties arise, the local court (Amtsgericht) is responsible for tenancy disputes^[2].

• Collect evidence: account statements, transfer receipts and payment confirmations.
• Inform the landlord in writing: describe the account change and request confirmation.
• Observe deadlines: respond within set timeframes to queries or demands.
• Check refunds: verify credits and any deductions after moving out.

Collect evidence correctly

Practically useful items include:

• Account statements showing the deposit transfer.
• Transfer confirmations and receipts from the landlord.
• Correspondence by e-mail or registered mail regarding account changes.
• Photos or screenshots of account settings and booking details.

If the landlord disputes the documents, you can request copies from your bank or export electronic account statements. Note date, time and reason for each communication in your own log.

If the landlord does not cooperate

If an agreement with the landlord fails, a written demand for clarification is recommended and, if necessary, consider legal action. For tenancy claims, the local court and, subsequently, the higher courts or the Federal Court of Justice may be relevant^[3]. Observe civil procedure rules and deadlines in such cases.

FAQ

Who decides disputes about the deposit?

Typically, the local court (Amtsgericht) decides tenancy disputes such as deposit refunds or unauthorized debits.^[2]

Which documents suffice to prove an account change?

Account statements, transfer confirmations, e-mails or registered letters to the landlord and bank confirmations are suitable evidence.

Is there a legal deadline for refunding the deposit?

The law does not set a fixed deadline; refunds are made after tenancy ends and claims are examined. Practice and case law provide guidance, so seek legal advice if in doubt.^[1]

How-To

1. Gather all relevant documents and create an organized file.
2. Notify the landlord in writing about the account change and request confirmation.
3. Set a reasonable deadline for response and record it.
4. If no agreement is reached, consider court action at the competent local court.^[2]
5. Secure the refund claim and document every payment.

Help and Support / Resources

• [1] BGB §551 (Gesetze im Internet)
• [2] ZPO – Civil Procedure (Gesetze im Internet)
• [3] Federal Court of Justice – Information and Decisions

1. [1] BGB §551 (Gesetze im Internet)
2. [2] Jurisdiction of the local court (Justizportal)
3. [3] Federal Court of Justice – Instances and Decisions