Security Deposit Account for Tenants in Germany

As a tenant in Germany it is important to open the security deposit account correctly and to collect all receipts and proofs carefully. This guide explains step by step which documents landlords may request, how to prove a separate interest-bearing deposit account and which deadlines apply for repayment. You will receive practical tips for handling payment receipts, handover protocols and bank statements safely as well as examples of standard forms. We also show which courts and laws are responsible in disputes and how to enforce your rights. At the end you will find sample letters and official links so you can act formally with confidence. The tips are suitable for new and long-term tenants, in case of relocation for work or moving. We link specific form titles and authorities to official .de sources.

What is a security deposit account?

A security deposit account is an amount of money that the tenant provides as security. Under German tenancy law, the rental deposit is generally permissible and regulates the landlord's protection of claims under the German Civil Code (BGB). The relevant provisions set out the landlord's duties to safeguard and to repay the deposit after the tenancy ends ^[1].

Which documents do tenants need?

• Payment receipt or landlord's confirmation
• Bank statement showing the deposit payment
• Handover protocol at move-in
• Rental agreement with deposit clause
• Identity document (ID card or passport)

Opening a deposit account: step by step

Follow these steps to document the deposit account and prove it if necessary:

1. Collect all payment receipts and relevant bank statements.
2. Request the landlord in writing to provide proof of a separate, interest-bearing deposit account and state a deadline for presentation, e.g. 14 days ^[2].
3. If recommended, open a trust or security account at your bank and keep deposit receipts.
4. Document damages with photos and a signed handover protocol.
5. Set clear deadlines in writing for repayment, typically within 30 days after handover.

Rights, deadlines and repayment

After the tenancy ends, the landlord must repay the deposit minus legitimate claims for damages or outstanding operating costs. The exact accounting and deadlines arise from §§ 535–580a BGB and the case law of the ordinary courts; in most disputes the local court (Amtsgericht) is responsible in the first instance ^[1][3].

Key takeaways

• Secure receipts: Without proof it is difficult to substantiate claims.
• Stay written: Ask for account or receipt proof in writing.
• Observe deadlines: Set clear repayment deadlines and respond timely.

FAQ

Can the landlord deposit the security deposit into a private account?

The landlord must keep the deposit separate from his assets; proof of a separate, interest-bearing deposit account is sensible and can be requested.

How long can the landlord keep the deposit?

The landlord may only retain amounts as long as legitimate claims exist; in many cases a period of a few weeks to months is common, while disputed utility bills can lead to longer retention.

How-To

1. Collect receipts, bank statements and the handover protocol.
2. Request written proof of the deposit account from the landlord and set a deadline.
3. Submit sample letters if necessary and document the communication.
4. If the deadline is ignored, consider filing a claim at the local court or seek legal advice.

Help and Support / Resources

• Gesetze im Internet — BGB and tenancy law
• Federal Ministry of Justice and Consumer Protection — sample forms
• Federal Court of Justice (BGH) — decisions

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1. [1] German Civil Code (BGB) — §§ 535–580a
2. [2] Federal Ministry of Justice and Consumer Protection — sample forms
3. [3] Federal Court of Justice (BGH) — information and decisions