Open Deposit Account: Tenant Tips in Germany

Many tenants in Germany are unsure which documents and deadlines are important when opening a security deposit account. This article explains step by step which documents landlords may request, how the statutory deadline for repayment works and which wordings in correspondence help avoid disputes. You will learn which types of accounts are permitted, how to have the deposit kept separate from the landlord's assets and which proofs you should keep. We also describe how and when you can request repayment and when a local court may be involved. The language is clear and practical so that you as a tenant can assert your rights confidently and securely.

Required documents

• Identity card or passport for identification.
• Tenancy agreement to clarify amount and agreements on the deposit.
• Handover protocol at move-in as proof of condition and possible damage.
• Payment receipt (transfer/receipt) for the paid deposit.
• Proofs of utility billing or compensation for damages, if applicable.

Deadlines, account types and safekeeping

The deposit must not generally exceed three months' cold rent; the exact rights are regulated in §551 BGB^[1]. As a tenant, you can insist on a separate account where the deposit is administered separately from the landlord's assets. Ask the bank for a so-called rental deposit account or a trust account and request account evidence.

• Payment deadline: Clarify in the tenancy agreement by when the deposit is due.
• Type of investment: Savings book, trust account or interest-bearing account are common.
• Safekeeping: Insist on documentation so the deposit can be traced later.

How to avoid disputes: wording and evidence

Communicate in writing by letter or email and document all agreements. State clearly that the deposit should be held in a separate account and ask for confirmation with account evidence. If the landlord claims deductions, request a detailed statement and supporting documents.

Practical wordings

• "Please confirm in writing that the deposit will be placed in a separate deposit account."
• "Please send the bank statements or the accounting regarding any deductions within 14 days."

If repayment is delayed

If the landlord does not repay or refuses without justification, you can send a written payment reminder after a reasonable time. If no agreement is possible, the next step may be to involve the local court; the rules of civil procedure (ZPO) apply to lawsuits^[2]. Many tenancy disputes fall under the jurisdiction of the local court^[3].

FAQ

How much deposit can be required?

The deposit is usually limited to a maximum of three months' cold rent, see §551 BGB.^[1]

Does the deposit have to earn interest?

Yes, if it is placed in an account, the interest generally belongs to the tenant; handling should be clear in the contract.

What to do if the landlord claims deductions?

Request a written, detailed accounting with supporting documents and examine the claim; if unclear, seek legal advice or contact the local court.

How-To

1. Collect documents: ID, tenancy agreement, handover protocol and payment receipts.
2. Agree in writing: Ask the landlord in writing for a separate deposit account and a confirmation.
3. Request evidence: Obtain bank statements or receipts.
4. Observe deadlines: Set a reasonable deadline for repayment before considering legal steps.
5. Court action: If unpaid, you can file a claim at the local court; procedural rules are in the ZPO.

Key takeaways

• Document everything in writing to create clear evidence.
• Insist on a separate deposit account and request account evidence.

Help and Support

• BGB §551 Mietkaution (Gesetze im Internet)
• Zivilprozessordnung (ZPO) - Information
• Informationen zu Gerichten (justiz.de)

1. [1] Gesetze im Internet: BGB §551 Mietkaution
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Justizportal: Information on local courts