Open a Deposit Account 2025: Tenants in Germany

Many tenants in Germany wonder how to place a security deposit safely and legally. A separate deposit account protects tenant interests, separates the deposit from the landlord's assets and secures interest claims. This guide explains which documents banks typically require, what rights you have as a tenant and which deadlines apply. You will get practical steps to open a deposit account in 2025, advice on drafting a deposit agreement and tips for reclaiming the deposit after moving out. If a dispute arises, we show which courts are responsible and which legal bases are relevant so you can assert your claims effectively in Germany. The guide is practical and written in plain language.

What is a deposit account?

A deposit account is an account held in the tenant's name that secures the rental deposit as separate assets and is kept apart from the landlord's other assets. The BGB regulates landlord and tenant obligations regarding the deposit, especially safekeeping and interest allocation^[1]. In disputes over payout or offsetting, the local court (Amtsgericht) is responsible; higher instances can be appealed to^[2].

Which documents does the bank need?

• Identity card or passport of the tenant
• Current rental agreement or proof of tenancy
• Landlord consent or written deposit agreement
• Bank details and proof of payment

Step by step: open a deposit account

1. Collect all documents: ID, rental agreement and any deposit agreement.
2. Choose the account type (e.g., savings account with a clear deposit designation).
3. Agree in writing with the landlord that the account will be kept as a deposit account.
4. Open the account at the bank, deposit the funds and obtain a confirmation.
5. After moving out, request repayment; in case of dispute sue at the local court.

FAQ

Is the deposit required to be placed in a separate deposit account?

Not mandatory in all cases, but many courts and banks recommend a separately managed account because it protects the deposit as separate assets and clearly assigns interest.^[1]

Who holds the account and who manages it?

The account is usually held in the tenant's name or as a trust account; the bank manages the account and the authority to dispose depends on the agreement between tenant and landlord.

How long does the tenant have a claim for repayment after moving out?

Repayment takes place after settlement of outstanding utility costs and identified damages; typical periods are 3–6 months, but they can vary and may lead to court action.^[2]

How-To

1. Collect ID, rental agreement and receipts.
2. Compare account models and interest rates.
3. Conclude a written agreement about the deposit account.
4. Obtain and keep the payment confirmation.
5. Request repayment after moving out and consider legal steps if refused.

Help and Support

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Federal Ministry of Justice — Forms & Information
• Federal Court of Justice (BGH) — Case Law

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Bundesgerichtshof (BGH) — Rechtsprechung
3. [3] Bundesministerium der Justiz — Formulare & Hinweise