Security Deposit Interest for Tenants in Germany
As a tenant in Germany, you should pay close attention to the correct accounting of deposit interest when moving out. Many landlords and tenants overlook interest credits, calculate incorrectly, or fail to record interest clearly in the deposit account. This can result in money being withheld from you or claims being calculated incorrectly. This guide explains in simple steps how to check interest, observe deadlines, collect evidence and assert possible claims. You will receive a practical moving-out checklist, pointers to relevant legal provisions and template wording for claiming repayment. The goal is that you, as a tenant, can confidently enforce your rights regarding deposit and interest accounting in Germany. Read on for concrete steps, wording examples and links to official sources.
What Tenants Should Check About the Deposit Account
First check whether the deposit was kept on a separate deposit account and whether the account accrued interest. Request an interest statement and account extracts from the landlord for the entire rental period. Pay attention to how interest was calculated and credited, and whether fees reduce the result.
- Request complete account statements and interest breakdowns from the landlord.
- Observe deadlines for objections after receiving account statements or settlements.
- Collect evidence: account statements, handover protocol, correspondence and payment receipts.
- Check that the account was kept separately and that no unlawful fees were deducted.
Common Errors and How to Avoid Them
Common mistakes include missing interest declaration, incorrect calculation (e.g. annual interest instead of monthly) or offsetting administrative fees without basis. Note exact amounts and periods so you can present clear information in case of questions or disputes.
Claims regarding deposit handling are based on tenancy law in the German Civil Code. Check the relevant provisions and reference the legal basis in letters to the landlord.[1]
When Formal Steps Make Sense
If the landlord does not respond to a request, formally demand repayment of deposit interest in writing (by registered mail with return receipt or documented email). Include your calculation, account statements and a deadline. If payment is not forthcoming, legal action at the competent local court may be necessary.[2]
FAQ
- Who decides disputes about the deposit?
- Disputes over deposit and interest are usually heard at the local court; higher instances are the regional court or Federal Court of Justice on appeal.
- What deadline should I give the landlord for a corrected statement?
- Give a clear deadline of 14 to 30 days, depending on the scope of the claim and available evidence.
- Are there official template forms for claiming repayment or termination?
- Yes, there are templates and guidance, for example termination templates and legal information from the federal ministry; use official templates and refer to legal provisions.
How-To
- Collect all relevant documents: tenancy agreement, account statements, interest statements and handover protocol.
- Write to the landlord requesting a detailed interest statement and set a deadline of 14 to 30 days.
- Calculate the interest due to you in a transparent way and attach the evidence.
- If no agreement is reached, file a written claim at the competent local court and include all supporting documents.
Help and Support / Resources
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Gesetze im Internet: Zivilprozessordnung (ZPO)
- Bundesgerichtshof (BGH)
