Tenant Deposit: Index Rent Accounting in Germany
Many tenants in Germany face the question of how the security deposit is handled for an index rent during an ongoing court or arbitration proceeding. This page explains in clear language which rights you have as a tenant, how the deposit account is managed, which settlements are possible and which deadlines apply. You will learn which documents to collect, how to demand a transparent deposit statement and when a claim for return is permissible. Practical steps show how to proceed if the landlord makes deductions or does not return the deposit. The aim is to give you, as a tenant in Germany, secure, understandable actions and pointers to official laws and competent courts.
What applies to index rent and deposit?
With an index rent, the rent changes according to an agreed price index; this alone does not directly affect the amount of the deposit. The legal basis for the security deposit can be found in § 551 BGB and the general provisions of tenancy law ([1][2]). If a legal proceeding concerns the validity of the rent increase or accountings, this can influence whether parts of the deposit may be withheld or must be returned. The competent courts are usually the local courts (Amtsgerichte) in first instance; for fundamental questions, the Federal Court of Justice (BGH) may decide.
How do you protect your rights as a tenant?
Systematic documentation and early reaction are important: request a written deposit statement, document handovers, keep a log of defects and observe deadlines. If the landlord makes deductions during a proceeding, demand a detailed breakdown and receipts.
How tenants check the deposit statement
- Check deadlines: When was the statement handed over and which deadline did the landlord meet?
- Collect receipts: balances, receipts, handover protocols and photos as proof.
- Request in writing: ask for a written, comprehensible statement with postal or email evidence.
- Seek contact: talk first to the landlord or property manager before taking legal steps.
If the landlord does not respond or deductions are unclear, tenants can seek clarification at the competent local court or seek advice from official bodies. For legal disputes, the rules of the Code of Civil Procedure (ZPO) apply for lawsuits and eviction proceedings.[3]
Which documents are decisive?
- Receipts for deposit payments and bank statements of the deposit account.
- Handover protocols at move-in and move-out with signatures.
- Correspondence with the landlord, reminders and payment requests.
FAQ
- Who decides on the release of the deposit during a proceeding?
- Usually the competent local court decides; for fundamental legal questions, decisions of the Federal Court of Justice may be decisive.[4]
- When can I claim the deposit back?
- After the tenancy ends, once accountings (e.g. service charges) are finally clarified and deadlines observed; if withholdings are unjustified, legal clarification can follow.
- Are there official forms for lawsuits or payment order proceedings?
- For civil proceedings there are standardized application forms and guidance at the judicial authorities; use official court forms and guidance.
How-To
- Collect documents: payment receipts, bank statements and handover protocols.
- Request settlement: ask the landlord in writing for a detailed deposit statement and set a reasonable deadline.
- Seek advice: if no agreement is reached, contact official advisory services or tenant counseling.
- Legal clarification: if necessary, file a claim at the competent local court or initiate procedural steps under the ZPO.
- Secure documents: keep all decisions and correspondence and follow court instructions.
Help & Support / Resources
- BGB §551 (security deposit) on gesetze-im-internet.de
- Court information and local courts on justiz.de
- Federal Court of Justice (BGH) – official site
