Security Deposit & Interest Credits for Tenants in Germany
As a tenant in Germany you should know how interest credits on your security deposit account are correctly calculated and paid out. Many tenancy agreements and accounts treat interest differently; however, you have statutory rights and information under the BGB. In this guide I explain in practical terms which documents you should collect, which forms to use, how to meet deadlines and when a letter to the landlord or the local court is advisable. I also show how to check accurate statements, assert interest claims and which authorities or courts are responsible. This text is aimed at tenants without legal expertise. I also name official forms and practical examples so you can act immediately.
What you need to know
In principle, the provisions on the tenancy agreement govern the treatment of the security deposit; the rules in the German Civil Code (BGB) §§ 535–580a[1] are decisive. The security deposit must be held separately from the landlord's assets, and any interest generated generally belongs to the tenant unless otherwise agreed. Banks and savings institutions credit interest differently depending on contract and market conditions; amounts are often small but are part of the statement.
Security deposit account: interest and entitlement
First check the account statements: look for credits, account numbers and indications whether it is a separately managed deposit account. Request a written deposit statement if missing. Note periods and amounts and keep all receipts. If the landlord diverts interest or the statement is unclear, you can assert the interest claim.
- Account statements for the entire tenancy (deposit, document): show interest credits and account movements.
- Written statements or emails (document): evidence that proves interest payments or disputes.
- Tenancy agreement and deposit clause (form): often regulate how the deposit is invested.
- Correspondence with the landlord (contact): document deadlines, demands and replies.
Forms & templates
There is no nationwide mandatory form for deposit statements, but template letters and termination templates help with communication. Use official templates for formal letters when available. A general termination or reminder letter can start with standardized wording; for court steps the ZPO applies.
- Sample letter to the landlord (form): set a deadline for handing over deposit interest and state the exact amounts.
- Reminder / deadline notice (form): set a clear deadline (e.g. 14 days) and demand the statement.
- Filing a claim at the local court (court): if the statement is not provided, the local court is competent; see the ZPO for procedure.
For legal basics and concrete statutory texts see the official online laws and procedural rules. For sample letters, consult templates from the Federal Ministry of Justice and Consumer Protection.
If a dispute arises
First attempt a written clarification. Name the amounts, attach copies of account statements and set a reasonable deadline. If out-of-court resolution fails, the Code of Civil Procedure (ZPO)[2] governs the next steps such as payment order and lawsuit. Local court proceedings are often necessary for specific monetary claims from the tenancy relationship.
FAQ
- Who gets the deposit interest?
- The interest generally belongs to the tenant, unless the tenancy agreement contains a different and legally effective provision.
- Does the landlord have to pay interest?
- Yes, accrued interest is part of the security deposit and must be taken into account when returning it or shown separately.
- How long do I have to claim interest?
- Claims usually become time-barred according to statutory limitation periods; generally a three-year limitation period applies.
How-To
- Collect documents (document): account statements, tenancy agreement, deposit statement.
- Request the landlord in writing (form): set a deadline and state exact amounts.
- Document contacts and responses and monitor deadlines (contact).
- Observe deadlines (deadline): if necessary, remind the landlord within the set time.
- Consider payment order or lawsuit at the local court (court) if required.
- Verify the received statement and keep all documents safe (approved).
