Open a Deposit Account for Tenants in Germany
As a tenant in Germany, it is important to open a deposit account on time and understand the conditions. Many rental agreements require a security deposit, but there are rules on payment types, blocked accounts and interest. In this guide I explain step by step how to set up a correct deposit account, which deadlines apply, which official forms you can use and how to claim your deposit after moving out. I describe typical problems such as unjustified deductions, the role of the local court in disputes and how to document evidence. At the end you will find a checklist and links to official authorities so you can enforce your rights as a tenant in Germany.
What is a deposit account?
A deposit account is a separate account or blocked account where the rental deposit is securely stored. It is intended to keep the deposit separate from the landlord's assets; interest may accrue for the tenant. Legal bases can be found in the BGB (§§ 535–580a) and for procedural questions in the ZPO.[1]
Types of deposits and official procedure
- Cash deposit (deposit): Direct cash payment to the landlord is possible but rarely recommended.
- Bank guarantee (deposit): A bank or insurer provides a guarantee in favor of the landlord.
- Deposit account / blocked account (deposit): Money is deposited in a separate bank account with possible interest credit.
How to open a deposit account on time?
To open the account you usually need your ID, the rental agreement and the bank details for interest credit. Agree the account in writing with the landlord and document payments with receipts. If in doubt, consult the local court or consumer information.[2]
- ID card or passport (form).
- Rental agreement or written proof of tenancy (form).
- Bank details for interest credit (form).
Deadlines and claiming the deposit
After moving out you should request the deposit in writing and set a deadline. It is common to allow the landlord about six months for the utility bill; this period is not fixed and may vary. If the landlord does not respond or unjustifiably withholds amounts, you can consider legal action. Local courts are competent in the first instance; rules from the ZPO apply to deadlines and enforcement.[2] For significant legal questions, Federal Court of Justice rulings are relevant.[3]
- Set a deadline (deadline): Request repayment in writing within 2–6 weeks.
- Collect evidence (deposit): Include bank statements and handover records.
- Consider court action (court): If necessary, file a claim at the competent local court.
FAQ
- How long may the landlord retain the deposit?
- The landlord may retain the deposit until the final settlement of utility charges; a common review period is up to six months, but it can vary depending on the case.
- Can the landlord keep the interest?
- No, interest generally belongs to the tenant if the account yields interest; divergent agreements should be checked in writing.
- What can I do if the landlord does not pay?
- Send a formal demand for payment with a deadline, collect evidence and consider the dunning or litigation route via the local court.
How-To
- Choose an account (deposit): Select a separate blocked account or deposit account at a bank.
- Gather documents (form): Prepare ID, rental agreement and payment receipts.
- Set deadlines (deadline): Request repayment in writing with a clear deadline.
- Consider court action (court): If payment fails, consider the dunning procedure or filing a claim at the local court.
Key takeaways
- Open a separate deposit account and keep all receipts.
- Set a written deadline for repayment after moving out.
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
- [2] Zivilprozessordnung (ZPO)
- [3] Bundesgerichtshof (BGH) - Decisions on tenancy law
