Documenting Tenant Security Deposit in Germany

As a tenant in Germany, correctly documenting the security deposit for an index rent can determine whether you get your money back in full later. This article explains clearly which receipts (payment receipts (payment), bank statements (evidence), correspondence), which deadlines apply and which proofs are useful in court. We describe how to prove payments into a deposit account, which information in the index rental agreement is important, and how to set deadlines and assert claims for repayment in writing. At the end you will find practical steps for a dispute at the local court, links to relevant legal provisions and sample forms, and a short FAQ. The goal is: you as a tenant know exactly which documents to collect and how to store them securely.

Which documents should tenants collect?

• Payment receipts (payment): transfer receipts, cash receipts and transaction references showing purpose.
• Bank statements (evidence): statements of the separate deposit account or bank statements showing payment and payer.
• Correspondence (notice): emails, letters and handover protocols related to the tenancy and the deposit agreement.
• Contract text (deposit): index rent clause in the lease and any additional agreements about the deposit.

Deadlines and timing

For the return of the deposit: the landlord must observe a reasonable examination period before refunding or making deductions. Send a written demand with a clear deadline (e.g. 30 days) and document the date of the request. With index rent, accounting can be more complex because provisions for service charges or index adjustments may need to be reviewed.

• Examination period (within): common periods are 3 to 6 months for service charge accounting and deposit refund.
• Set a deadline (deadline): send a written demand for repayment by registered mail or email with read receipt.

Legal basis and court

Key rules on tenancy are in BGB § 535^[1]. Local courts (Amtsgerichte) usually handle deposit disputes; appeals go to regional courts and the Federal Court of Justice. Review relevant BGH decisions on deposits and index rent for guidance on evidence requirements. ^[2]

How to present evidence in a dispute

Organize receipts chronologically, keep or store them in a tamper-evident way and create a short index. Highlight amounts, dates and purpose. If possible, request a detailed settlement from the landlord and acknowledge receipt in writing.

FAQ

Who receives interest on the security deposit?

Interest generally belongs to the tenant; if held in a savings account or deposit account, interest must be accounted for.

How long does the landlord have to return the deposit?

There is no fixed statutory deadline; typical examination periods are 3 to 6 months depending on accounting circumstances.

How-To

1. Collect all payment receipts and bank statements that document the deposit payment.
2. Photograph or scan written correspondence and save emails as PDFs.
3. Set a written deadline for the landlord to repay (e.g. 30 days) and send it with proof of delivery.
4. Request a detailed settlement showing any deductions with explanations.
5. If no agreement is reached, consult legal advice or consider filing at the local court.
6. In litigation, present the chronologically ordered original documents to the court.

Help and Support / Resources

• BGB § 535 – Gesetze im Internet
• Federal Court of Justice (BGH)
• Federal Ministry of Justice — Forms & Guidance

1. [1] BGB § 535 — Gesetze im Internet
2. [2] Bundesgerichtshof — bundesgerichtshof.de
3. [3] Bundesministerium der Justiz — bmj.de