Security deposit account 2025 – Tenants in Germany
As a tenant in Germany, it is important to know how to open a separate security deposit account and correctly provide proof of the deposit to the landlord. This text explains in practical terms which rights tenants have, which deadlines apply to deposit placement and reclaiming, and which official forms or sample letters are useful. You will receive a step-by-step guide for opening a trust account, advice on securely documenting payments and interest income, and tips on how to proceed in disputes. Read the concrete courses of action for refund, handover protocol and legal steps, including references to competent courts and relevant legal provisions.
How does a security deposit account work?
A security deposit account is a separate account where the rental deposit is managed, often in trust or as a savings book with separate identification. The purpose is to keep the deposit separate from private assets and to assign interest income transparently. Relevant regulations on rental deposits can be found in the BGB, especially regarding use, refund and settlement.[1]
What tenants should watch for
When opening and proving a security deposit account, tenants should pay attention to these points:
- Transfer the deposit with verifiable proof by bank transfer, avoid cash payments without a receipt.
- Document deposit, interest and account statements and store digital copies.
- Observe deadlines for claims and set a reasonable repayment deadline if necessary.
- Use written requests or sample letters before considering legal action.
Forms and templates
There is no specific nationwide form solely for security deposit accounts, but sample letters for requesting deposit refunds and termination templates from the Federal Ministry of Justice are helpful. Use official templates and adapt them to your case, for example including date, proof of payment and a concrete deadline.[4]
If the landlord does not pay
If landlords do not pay, send a formal reminder with a payment deadline and evidence. If there is no response, the next step is often filing a lawsuit at the competent local court; procedural rules can be found in the ZPO.[2] Before filing suit it is advisable to give a final deadline and collect all documents: account statements, handover protocol, photos of the property condition.
FAQ
- Do I need a separate security deposit account?
- There is no statutory requirement for a specific account type, but a separate or trust-managed account protects tenants and creates transparency for the landlord.[1]
- How do I prove payment of the deposit?
- Proof is provided by transfer receipts, account statements or a written receipt from the landlord; a handover protocol is also recommended.
- What can I do if the landlord does not return the deposit?
- Proceed step by step: reminder with deadline, possibly contact an advisory service, then file suit at the local court; observe the rules of the ZPO.[2]
How-To
- Choose a separate trust security deposit account at a bank and clarify the account designation.
- Transfer the deposit with documentation (SEPA transfer) and keep transfer receipts.
- Create a handover protocol at move-in and move-out and photograph the apartment condition.
- Set a reasonable written deadline for refund, typically 14 to 30 days, and attach evidence.
- If necessary, file a claim at the competent local court; observe the procedural requirements of the ZPO.
