Proving Deposit Interest for Tenants in Germany
As a tenant in Germany, you often need clear proof of the interest accrued on your rental deposit. This article explains step by step which documents are necessary, how to document interest correctly and which official forms and deadlines to observe. We explain when the Civil Code (BGB)[1] and local courts (Amtsgerichte)[2] play a role in disputes. At the end you will find practical templates, procedures for objections and tips on how to protect yourself early and prepare possible lawsuits. Use official forms and templates from authorities and record conversation notes. If in doubt, seek early advice from consumer counseling services or direct inquiries to the local court.
What to collect
Gather all evidence that shows interest payments and the origin of the deposit.
- Bank statements and payment receipts (documents) – full statements of the deposit account with interest credits.
- Correspondence with the landlord (documents) – payment confirmations, deposit agreements, emails.
- Interest calculation and summary (deposit) – a comprehensible calculation with period and interest rate.
- Other proofs (form) – handover protocols, rental agreement, account opening proofs.
How to prove interest
Practically, proceed in six simple steps: gather documents, create an interest calculation, formally request payment from the landlord, set deadlines, document responses and, if necessary, go to court. Describe each payment with date and booking text and attach account statement pages as PDFs. When performing calculations, note the interest rates and periods used as well as the calculation method.
- Collect all relevant account statements and payment records and order them chronologically.
- Create an interest calculation: document period, interest rate and calculation method.
- Send a formal payment request to the landlord and name a deadline (in writing, recommended by registered mail).
- Make conversation notes: date, contact person, content and result.
- If payment is not made, consider debt collection proceedings or filing a lawsuit at the competent local court[2].
Important deadlines and burden of proof
There is no uniform time limit for deposit interest claims; however, the regular limitation periods of the BGB are relevant as well as deadlines for court actions. Documentation helps to avoid limitation. If the landlord disputes the interest, the burden of proof often lies with the tenant, so clearly dated account statements and written demands are decisive. In complex cases, judicial decisions can provide guidance, especially on contract interpretation and deposit agreements[3].
FAQ
- Which documents are usually sufficient?
- Complete account statements of the deposit account, payment confirmations, rental agreement and correspondence with the landlord are common proofs.
- How long do I have to claim interest?
- Legal claims are subject to the regular limitation periods of the BGB; document claims early and respond to objections promptly.
- What can I do if the landlord does not pay interest?
- Send a formal request, set a deadline, consider a payment order or file a lawsuit at the local court and use official forms.
How-To
- Collect all relevant documents (account statements, rental agreement, correspondence).
- Perform a clear interest calculation and save the calculation method.
- Send a written payment request with a deadline to the landlord.
- If necessary, apply for a payment order or file a lawsuit at the local court.