Open Deposit Savings Account for Tenants in Germany
Many tenants in Germany are unsure how to correctly open and manage a deposit savings account so that the rental deposit is safely returned at move-out. This guide explains step by step which bank arrangements are permissible, how a custodial deposit account works, what interest may accrue and which deadlines apply at move-out. You will receive practical advice on documentation, communication with the landlord and how to act in case of delays or withheld amounts. The role of the local court in disputes as well as relevant statutory bases in the BGB and the key pieces of evidence are also explained in plain language. The aim is for you as a tenant to know your rights and to enforce the return of the deposit securely.
What is a deposit savings account?
A deposit savings account is a separately maintained account or savings book where the rental deposit is held in trust. In practice: the deposit must not be mixed with the landlord's assets; the BGB regulates landlord and tenant obligations and provides the basis for repayment claims.[1]
What tenants should watch for when opening
- Clarify the deposit amount (usually up to three months cold rent) (deposit).
- Check bank forms and contract terms, especially whether the account is managed as custodial or restricted (form).
- Prepare receipts and documents: tenancy agreement, handover protocol, proof of payment (document).
- Observe deadlines at move-out and set a written deadline for deposit repayment (deadline).
How interest and repayment work
A deposit account may yield interest; how it is handled depends on the bank agreement and contractual terms. For repayment, the tenant requests an accounting and payout; if the landlord is in default, proceedings at the local court may follow (Sections 535–580a BGB).[1]
Concrete steps for problem cases
If the landlord withholds part of the deposit, first request a written justification and a detailed settlement. If missing, set a reasonable deadline for release. If the landlord does not respond or the claim is disputed, you can file a lawsuit at the competent local court; civil procedure rules are governed by the ZPO.[2]
FAQ
- Does the deposit have to be on a savings book?
- No, the deposit does not have to be a savings book; it can also be a bank guarantee or held in a separate deposit account. The key is that the deposit is kept separate and not mixed with the landlord's private assets.[1]
- Who receives the interest on the deposit account?
- Interest generally belongs to the tenant, unless contractually agreed otherwise or compensation for damages is justified.
- How long does the landlord have to repay?
- There is no fixed statutory deadline in the BGB; typically an accounting is expected within months, and disputed claims may lead to action at the local court.[2]
How-To
- Gather documents: tenancy agreement, handover protocol and proof of payments (document).
- Open an account at a bank and set up a separate deposit account or savings book; present required forms (form).
- Deposit the agreed sum into the account and provide the payment receipt to the landlord (deposit).
- At move-out, set a deadline for repayment in writing and, if necessary, file at the local court.
Key Takeaways
- Keep all payment receipts and the handover protocol safe.
- Set written deadlines before starting legal proceedings.
- Use the Amtsgericht if you need to enforce repayment.
Help and Support
- Information on courts and contact points: Federal Justice Portal.
- Legal texts: Civil Code (BGB) online.
- Federal Court (BGH): case law and guidance.
