Security Deposit Guarantee for Tenants in Germany

What is a Rental Deposit Guarantee?

The rental deposit guarantee is an agreement in which a bank or guarantee insurer is liable to the landlord instead of the tenant depositing the security in cash. For tenants it can save liquidity while landlords receive payment security. Legally, the general tenancy obligations from the Civil Code (BGB) apply to rental relationships and the consequences of non-performance; therefore always check the specific contract and the guarantee document.^[1]

How to check guarantees and evidence?

Carefully check the guarantee: who guarantees, the term and whether there are exclusions. Document all evidence systematically and note deadlines. In disputes, clear proof (document, payment receipts, emails, photos) is decisive.

• Note deadlines (deadline): term, cancellation deadlines and statutory deadlines in view.
• Check the guarantee document (form): names, start of liability, maximum amount and requirement of written form.
• Collect payment receipts (deposit): transfers, direct debits and all reimbursement claims safely.
• Secure evidence (evidence): photos of damage, handover records and dated email correspondence.
• Prepare legal steps (court): if necessary, compile documents for a claim at the local court.

Practical: Forms, Deadlines and Steps

There is no single official "rental deposit guarantee form", but practical templates are helpful. For terminations and formal letters many tenants use a sample termination letter or a written, provable notice to the landlord; official information and templates can be found from justice authorities and ministries.^[3] If a claim for return of the deposit or guarantee arises, the rules of civil procedure and the local jurisdiction of the district court apply to eviction or payment claims.^[2][4]

Frequently Asked Questions

Can the landlord immediately access the guarantee?

Only if the guarantee document provides no objection; often conditions and deadlines are regulated, so check the document.

Which proofs are strongest?

Written guarantee document, payment receipts, handover records and dated photos are particularly persuasive.

Who decides in disputes?

Disputes are initially heard by the competent local court; in higher instances regional courts and the Federal Court of Justice can decide on questions of law.

How-To

1. Gather all documents (evidence): lease, guarantee document, payment receipts and handover records.
2. Note deadlines (deadline): claim deadlines, objection periods and limitation periods.
3. Prepare a written request (form) to reclaim the deposit or to demand payment from the guarantor.
4. If necessary, file a claim at the competent district court (court) and present your evidence.

Key Takeaways

• Keep the guarantee document and all payment records indefinitely.
• Strictly observe deadlines and respond in writing when claims arise.
• Use official guidance and templates before initiating legal action.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection
• Gesetze im Internet – BGB
• Federal Court of Justice

1. [1] Gesetze im Internet – BGB
2. [2] Gesetze im Internet – ZPO
3. [3] Federal Ministry of Justice and Consumer Protection
4. [4] Federal Court of Justice