Security Deposit in Germany: Open a Deposit Account

As a tenant in Germany it is important to know how to correctly open and manage a deposit account. Many questions arise: Does the deposit need to be kept separately, who may open the savings book, how is repayment regulated and what special rules apply to shared flats? This text explains in clear steps which legal requirements exist under the BGB, which forms and deadlines matter and how tenants can avoid disputes. We give practical tips for documentation, dealing with the landlord and behavior at move-in and move-out. This helps you protect your rights and avoid financial disadvantages. Special notes for shared flats help to avoid conflicts among multiple tenants.

What applies to the deposit account?

The legal basis is § 551 BGB^[1]. The security deposit usually must not exceed three months' rent. The money should be kept separate from the landlord's private assets; many tenants use a trustee or savings account for their benefit.

Who may open the account?

In principle, tenants or an authorized person may open the deposit account. In shared flats, responsibilities should be regulated in writing so that it is clear who has the claim to repayment when someone moves out.

What documents do you need?

• Have the deposit amount ready (usually up to three months' rent).
• ID card or passport for identification.
• Tenancy agreement or written deposit agreement.
• Payment receipts for transfers to the account.

Special features for shared flats

• Clear agreement: who pays which share and who is the account holder?
• Document contributions of individual roommates with receipts or transfer confirmations.
• If multiple signatures are required: determine who may sign when claiming repayment.

Practical steps in case of dispute with the landlord

If disagreements arise, follow orderly steps before taking the matter to court:

1. Send a written request to the landlord for repayment and set a deadline.
2. Contact conciliation services or tenant protection organizations if necessary.
3. If no agreement is reached, a lawsuit can be filed at the competent local court; the local court handles tenancy disputes at first instance^[2].
4. Use official claim forms and observe the rules of the ZPO^[3].

FAQ

Must the deposit be kept in a separate account or savings book?

The law does not require a specific account form, but the deposit should be kept separate and traceable so that repayment is clear.^[1]

Who gets the deposit back when roommates move out?

That depends on your internal shared-flat agreement and account management; document payments and agreements in writing.

How-To

1. Check the tenancy agreement and the amount of the deposit.
2. Open a deposit account or savings book in the tenants' names or as a trustee account.
3. Transfer the agreed deposit and keep receipts.
4. Document damages and claims at move-out and request repayment in writing.

Help and Support / Resources

• § 551 BGB: Security deposit (Gesetze im Internet)
• Federal Office of Justice: Information on competent courts
• German Code of Civil Procedure (ZPO) - rules on lawsuits

1. [1] Gesetze im Internet: § 551 BGB
2. [2] Bundesjustizamt: Zuständige Gerichte
3. [3] Gesetze im Internet: ZPO