Open Deposit Account Correctly — Tenant Rights Germany
As a tenant in Germany, you should know how to reliably open and document a deposit account. A properly managed deposit account protects your funds, makes later claims easier and reduces the risk of a legal dispute with the landlord. Common mistakes are missing payment receipts, handing over cash without a receipt, or accepting unclear account information from the landlord. In this article I explain practically which formalities you should observe, which deadlines apply and which written proofs you can demand. I also name the competent courts and refer to central legal provisions so that you as a tenant can safely assert your rights in Germany.[1]
Why a deposit account is important
The rental deposit is a security amount for the landlord but legally belongs to the tenant and must be managed separately. According to the rules of the Civil Code (BGB), tenants have the right to separate safekeeping and to interest on the deposit.[1] Without clear documentation it becomes difficult later to prove deductions or damages. If the landlord does not properly keep the deposit, you can demand information or consider legal action at the competent local courts.
Common mistakes and how to avoid them
- Handing over the deposit in cash without a written receipt — always demand a signed confirmation.
- No written agreement about the deposit account — request a brief contractual agreement or confirmation by email.
- Move-in without a handover report — create a handover report with photos and witnesses.
- Not setting deadlines for repayment — set a reasonable deadline in writing if the landlord does not respond.
- Only communicating orally — record all arrangements in writing and save messages.
If you transfer the deposit, use your own reference account and send the landlord a transfer receipt. Request written confirmation of which account the deposit is kept on and whether interest is reported separately. If in doubt, ask to see an account statement or a written declaration.
Relevant forms and proofs
There is no uniform "deposit account form" from the federal government, but you should always request or create the following documents:
- Receipt or payment confirmation from the landlord with date, amount and account information.
- Move-in/move-out report with photos.
- Written demand for repayment of the deposit if the landlord does not pay after moving out (set a deadline).
FAQ
- How quickly must the deposit be repaid after moving out?
- There is no fixed legal deadline; in practice three to six months are common to check for possible damage claims. You can set a written deadline and enforce it in court if necessary.[2]
- Can the landlord offset the deposit against outstanding claims?
- Yes, the landlord can assert legitimate claims but must provide evidence. Request a detailed settlement and check receipts carefully.
- May the landlord keep my money in his private account?
- The landlord must not mix the deposit with his assets; a separate account or escrow account is recommended. Insist on written confirmation of safekeeping.
How-To
- Transfer the deposit only by bank transfer to a traceable account and keep the transfer receipt.
- Request written confirmation from the landlord about amount, purpose and location of the deposit.
- Document the condition of the apartment at move-in and move-out with photos and a report provided to both parties.
- After moving out, set a reasonable deadline for repayment and send the demand in writing.
Key Takeaways
- Receipts and reports are the best protection against unjustified deductions.
- Transfers are safer than cash and easier to prove.
- Respond within set deadlines to secure your claims.
Help and Support / Resources
- Civil Code (BGB) §§ 535–580a
- Federal Ministry of Justice and Consumer Protection (BMJV)
- Federal Court of Justice (BGH) – Case law on tenancy law
