Security Deposit Account Switch: Tenants in Germany

Tenants in Germany often face the question of whether and how they may switch a security deposit account for their rental deposit and which rights apply. This text clearly explains which steps are necessary, how to check deadlines and interest, and when a claim for repayment is possible. You will learn which documents help, which official laws and courts are competent, and which forms can be used for payment or court actions. We show practical examples of how to draft a letter to the landlord, when deadlines start, and how to collect evidence. The goal is to give tenants clear, practical steps so that the handling of the deposit in Germany proceeds correctly and within deadlines.

When is a change of the security deposit account possible?

Basically, the tenancy agreement decides on the modalities of the security deposit; at the same time, the duties of landlord and tenant apply under the German Civil Code (BGB), especially regarding security and distribution of interest^[1]. A change of the deposit account can become relevant if you as a tenant request a more secure or interest-bearing account or if the existing account no longer complies with contractual agreements. If negotiations fail, a route via formal letters or a lawsuit is often to be considered; to file an action most plaintiffs use the claim form of the competent local court, which is often available on the pages of the respective court or on the justice portal (Justizportal).

• Check the exact amount and form of the security deposit according to the tenancy agreement.
• Look for contractual clauses regarding the deposit account and possible consent rules.
• Collect account statements, handover protocols and payment receipts as evidence.
• Observe deadlines for requests and statutory limitation periods.

How do tenants claim the deposit back?

First you should send a formal repayment request to the landlord and set a reasonable deadline. If the landlord does not respond or refuses, the next step is often a lawsuit before the competent local court; the procedure is governed by the Code of Civil Procedure (ZPO)^[2]. Before filing suit, check whether deductions for justified landlord claims exist (e.g. outstanding utilities or damages) and keep receipts ready.

• Send a written repayment request with a clear deadline (e.g. 14 days).
• Set a realistic deadline and state the exact amount.
• Attach evidence: rent payments, handover protocol, account statements.
• If necessary, file a claim at the competent local court using the appropriate claim form.

Courts and case law

For many tenancy disputes the local court is first responsible; appeals go to regional courts and in important legal questions to the Federal Court of Justice. BGH decisions shape the interpretation of deposit issues, such as interest distribution and repayment times^[3]. If in doubt, it is worth consulting relevant BGH rulings and the statutory texts of the BGB so you can calculate deadlines correctly and choose legally secure wording.

FAQ

Who may dispose of the deposit account?

The account belongs to the landlord as trustee of the deposit, unless otherwise contractually agreed; tenants have a right to proper interest and repayment.

How long must I wait for the deposit repayment?

Repayment may take place after the end of the tenancy and after accounting for operating costs; a concrete deadline depends on accounting periods and possible claims for damages.

What to do if the landlord refuses repayment?

Send a formal request, document all evidence and consider filing a claim at the local court with the appropriate claim form.

How-To

1. Collect all evidence: rent payments, handover protocol and account statements.
2. Draft a written repayment request with amount and deadline (e.g. 14 days).
3. Wait the deadline; respond to queries and send reminders if necessary.
4. If refused, file a claim at the competent local court and use the claim form available there.

Help and Support / Resources

• [1] Federal Ministry of Justice and Consumer Protection
• [2] Laws in the Internet (BGB, ZPO)
• [3] Federal Court of Justice (BGH)

1. [1] §§535–580a BGB — Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de