Tenants: Deposit & Utility Costs in Germany
Many tenants in Germany face the question of whether deposits and utility cost statements can be adjusted during ongoing legal proceedings. This guide explains in plain language which rights tenants have, which legal bases apply, and how you can reduce risks such as withheld deposits or additional claims. You will learn when a security deposit should be placed in a deposit account, how to check utility cost statements, and which deadlines are important for objections or lawsuits. We show practical steps on which documents you should collect and which courts or authorities you can contact so that you can pursue your claims securely in Germany. Relevant legal sources are mentioned and linked in the footnote section.[1]
What applies in general?
The deposit is a landlord's security; its amount and placement are regulated in § 551 of the BGB.[1] Utility costs are billed according to the Betriebskostenverordnung and must be subject to review.[2] During proceedings, landlords and tenants may have mutual claims: the landlord can assert additional charges, the tenant can assert retention or rent reduction claims. Whether the deposit is paid out or retained often depends on the concrete claim and a court judgment or settlement.
Deposit account and access
Under German law, the deposit can be held in a bank; a deposit savings book or escrow account is often used. When handing over, record date, amount and recipient in writing. If the landlord withholds funds citing claims, document the reason and request an itemized statement.
Check utility costs
Check the utility cost statement carefully: pay attention to the billing period, allocation key and supporting documents. Request supporting documents within the legal time limit if something is unclear. Respond within the deadline, otherwise objections may become difficult.
How to respond during ongoing proceedings?
If a court proceeding is already underway (e.g., eviction suit or payment dispute), the following points are important: secure evidence, submit written objections and observe deadlines. In the event of imminent forced eviction, the local court (Amtsgericht) can decide; higher instances are the Landgericht and the Federal Court of Justice for legal questions.[3]
FAQ
- Can the landlord simply withhold the deposit during a proceeding?
- Not without justification. Withholdings must be substantiated; the landlord needs concrete claims or a court order. Otherwise the tenant can demand the return.
- Do I have to pay utility cost demands immediately if the landlord demands them?
- You should review and respond within the review and objection deadlines. If necessary, you can withhold only the disputed portion and pay the remainder of the rent.
- Who do I contact if the landlord does not respond?
- Contact the competent local court (Amtsgericht) for tenancy disputes or seek legal advice; in many cases the local court decides first.
How-To
- Collect all relevant documents: lease, deposit receipts, utility statements and correspondence.
- Request supporting documents for utility costs in writing and set a clear deadline for the landlord.
- Withhold payments after review if appropriate, but settle undisputed portions to avoid dunning actions.
- Observe deadlines for objections and lawsuits; missed deadlines often exclude claims.
- File a claim or response with the competent local court (Amtsgericht) if necessary or obtain legal representation.
Important notes on forms and templates
There is no single standard "deposit form," but relevant official forms and templates include termination letter samples, court complaint forms for the local court, and applications in payment order procedures. Use official guidance from justice authorities when drafting letters or filing claims.[3]
Help and Support
- BMJ: [1] Information on tenancy law
- BGH: [2] Federal Court of Justice
- Gesetze im Internet: [3] Collection of laws
