Prove Deposit Interest Safely – Tenants Germany

Many tenants in Germany face the challenge of proving deposit interest correctly — whether at move-out, when claiming refunds, or when clarifying matters with the landlord. This guide explains step by step which documents, account records and calculations count as evidence, how to avoid common mistakes and which deadlines to observe. You will receive practical advice on official forms, proper handling of bank statements and possible legal steps in disputes over interest. Concrete examples show how bank statements, rental agreements and correspondence should be organized chronologically. At the end you will find information about which courts are responsible for rental disputes and which statutory provisions of the BGB may become relevant.

Common mistakes when proving deposit interest

• Missing or incomplete bank statements
• Unclear or non-reproducible interest calculations
• Submitting incomplete rental contracts or correspondence
• Ignoring deadlines or responding too late
• No copies or missing payment proofs

What counts as evidence?

Evidence mainly includes bank statements of the deposit account, the rental agreement, correspondence with the landlord and bank correspondence. The obligations of landlords and the rights of tenants are regulated in the provisions of the German Civil Code (BGB)^[1], which can become relevant in disputes.

• Bank statements of the deposit account
• Rental agreement and addenda
• Correspondence by email or letter
• Bank confirmations and interest statements

Practical steps and forms

First review your documents and calculate the interest you claim in a reproducible way. Formal steps such as filing a payment order or a lawsuit are governed by the Civil Procedure Code (ZPO)^[2] and are usually carried out at the competent local court (Amtsgericht). There are often local forms or guidance on the respective court's website.

Checklist before filing

• Sort complete bank statements chronologically
• Attach correspondence and payment proofs
• Document any written demand to the landlord

FAQ

Which deadline applies to asserting deposit interest?

There is no uniform deadline; tenants should assert claims promptly after move-out and observe limitation periods.

Which courts are competent?

The local court (Amtsgericht) is competent as the first instance for rental disputes; appeals go to regional courts (Landgerichte) and the Federal Court of Justice may decide precedent cases^[3].

Which forms do I need?

Typical documents are a payment order or filing a lawsuit at the local court; concrete forms are usually available on the courts' websites.

How-To

1. Collect all relevant documents and create a chronological file.
2. Calculate the interest reproducibly and document the method.
3. Formally request payment from the landlord in writing and set a reasonable deadline.
4. If the landlord does not respond, consider a payment order or filing a lawsuit at the local court.
5. Prepare the documents for the court and attach copies of all evidence.

Key takeaways

• Careful documentation is decisive.
• Use official forms and local court procedures in disputes.
• Deadlines and proof can determine success.

Help and Support

• BGB §§ 535–580a: Tenancy law
• ZPO: Civil Procedure Code
• Federal Court of Justice: Decisions
• Federal Ministry of Justice: Information

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Decisions