Security Deposit Savings for Renters in Germany
As a renter in Germany, it is important to place the security deposit correctly and legally — especially for families that rely on stable finances and protection when moving out. This guide explains in plain language how to open a deposit savings account, which legal requirements must be observed and how to monitor deadlines, interest claims and repayment. You will receive practical steps for communication with the landlord, information on necessary forms and tips for documenting payments. The goal is that families manage the deposit in a timely manner and in accordance with the BGB, avoid disputes and address courts and authorities correctly if necessary. We show when a bound deposit account is mandatory, how interest is handled and which steps can lead to a local court in case of disputes with the landlord.
What is a deposit savings book?
A deposit savings book is a bank account, usually bound, in which the security deposit is held separately from the landlord's assets. The legal basis is found in BGB §535 ff.[1]. For tenants this means: the deposit is protected, interest belongs to the tenant and repayment must be made after the tenancy ends.
Preparation: documents and proofs
Before opening a deposit savings book, collect the necessary documents and inform your landlord about the chosen account.
- Have your ID card or passport ready.
- Lease agreement or proof of tenancy.
- Amount of the deposit (usually up to three months' cold rent).
- Receipts or proof of payment for deposit payments made.
Open: steps to set up the account
Many banks offer bound deposit accounts or special deposit savings books. Compare conditions, fees and interest rules and document the agreement in writing.
- Schedule an appointment at the bank and verify identity.
- Conclude the deposit agreement in the presence of the tenant and, if applicable, the landlord.
- Deposit the security amount and receive a receipt; note account and account holder information.
- Archive account statements and interest certificates regularly.
What to do in case of dispute over repayment?
If the landlord asserts deductions for damages or claims, request a detailed breakdown. Submit evidence of the apartment condition at move-out if necessary and check deadlines for objections. Tenancy disputes are initially heard at the local court (Amtsgericht); larger amounts go to district courts, and legal questions can be brought to the Federal Court of Justice[2][3].
Frequently Asked Questions
- How long can the landlord withhold the deposit?
- The landlord can withhold the deposit for as long as he checks legitimate claims for settlement; in practice, periods of a few weeks up to six months are common, depending on the complexity of the settlement.
- Are there statutory interest payments on the deposit?
- Yes, the deposit must earn interest; the rate depends on the contract account and the bank's current conditions. Interest claims generally belong to the tenant.
- What should I do if the deposit is not repaid?
- Send a reminder and set a deadline to the landlord; if payment is not made, legal action can be taken at the competent local court. Use receipts and settlements as evidence.
How-To
- Collect lease agreement, ID and proof of payments.
- Schedule an appointment at the bank to open a bound deposit account.
- Deposit the security amount and obtain written proof.
- Inform the landlord in writing about the account and keep all documents.
- In case of dispute: set a deadline, gather documents and, if necessary, file a claim at the local court.
Help and Support
- §535 BGB — Duties of the landlord
- ZPO — Code of Civil Procedure
- Federal Court of Justice (BGH) — Case law
