Open Deposit Account for Tenants in Germany

As a tenant in Germany, the security deposit is often one of the largest advance payments when moving in. A separate deposit account protects your money from direct landlord access and increases the chances of full repayment after moving out. This practical guide explains in clear language which legal rules apply, how to open a deposit account, which documents banks usually require and which forms or letters are useful in case of dispute. We name relevant sections of the BGB, show which court may be responsible and provide practical steps, deadlines and sample letters so tenants understand their rights and can avoid conflicts.

What is a deposit account?

A deposit account is a separately managed account or savings book where the rental deposit is held in trust. According to § 551 BGB, the deposit may be at most three months' net cold rent and the landlord must manage the deposit separately^[1]. Such an account separates the deposit funds from the landlord's other assets and makes repayment after the tenancy easier.

How to open a deposit account?

1. Contact your bank and specifically ask for a deposit account or trust account (form). Many institutions offer specific products.
2. Agree the deposit amount in writing with the landlord and transfer the deposit to the established account (deposit).
3. Keep payment receipts, account statements and the account agreement carefully as proof (document).
4. Note deadlines for claiming or settling the deposit, for example within weeks or months after moving out (days).
5. If damages are cited as reasons for deductions, request evidence and cost estimates and document damages and repairs (repair).

Disputes and legal steps

If there is a dispute about deductions or non-payment, the local court (Amtsgericht) is usually responsible. Prepare evidence, account statements, handover protocols and correspondence and check the deadlines of the ZPO for lawsuits or payment order proceedings^[2]. In many cases a written reminder helps before going to court.

Practical templates and official forms

For termination letters, reminder letters and lawsuits there are templates or guidance at the Federal Ministry of Justice. Use official templates for terminations or filings and adapt them to your case^[3].

FAQ

How much deposit can a landlord demand?

The landlord may demand up to three months' net cold rent as a deposit, regulated in § 551 BGB.^[1]

Does the deposit have to be kept in a special account?

The law does not prescribe a specific trust account, but separate safekeeping is common and protects tenants.

How long does the landlord have to repay the deposit?

There is no uniform statutory deadline in the BGB; typically settlement and repayment take place within a few months after handover, while damage checks may require reasonable time.

How-To

1. Step 1: Clarify in writing with the landlord the amount and form of the deposit (form).
2. Step 2: Agree a deposit account with the bank and obtain written confirmation of account details (form).
3. Step 3: Transfer the deposit by bank transfer and keep all payment receipts (deposit).
4. Step 4: Create a handover protocol when moving in and moving out with photos as evidence (document).
5. Step 5: In case of dispute: send a reminder letter, gather evidence and involve the local court if necessary (court).

Help and Support / Resources

• §551 BGB online: Regulation on the rental deposit
• Code of Civil Procedure (ZPO) – Guidance on proceedings
• Federal Ministry of Justice – Forms and templates

1. [1] Bürgerliches Gesetzbuch (BGB) – §551 Kaution
2. [2] Zivilprozessordnung (ZPO) – Verfahrensregeln
3. [3] Bundesministerium der Justiz – Formulare und Muster