Security Deposit Checklist for Tenants in Germany 2025

What is included in the checklist?

This checklist explains which proofs tenants in Germany should collect, how a separate deposit account works and when you can legally respond. The basis is §551 of the German Civil Code (BGB) for deposit rules ^[1] and the jurisdiction of local courts for tenancy disputes ^[2]. The guidance is for tenants without legal training and includes practical wording for letters to landlords and notes on further steps under the Code of Civil Procedure (ZPO) ^[3].

• Photos with dates and move-in/move-out protocol (evidence)
• Bank statements and receipts for rent payments and deposit (deposit)
• Defect reports, emails and written communication (record)

Deposit account and deadlines

The deposit may be requested as security under §551 BGB; a separate escrow or deposit account is often recommended to ensure transparency ^[1]. Typical repayment periods range from several weeks to months, depending on inspection and repair considerations.

• Keep the deposit account separate and secure account statements (deposit)
• Document repayment deadlines and set a deadline (time)
• If deductions are made: request detailed evidence (record)

What to do in a dispute?

Start with a clear written demand and attach evidence. Set a reasonable deadline for repayment; if there is no response, you can take the matter to the competent local court ^[2]. The ZPO governs the procedure up to eviction or enforcement if a claim is established by court.

• Send a written demand for repayment with attachments (notice)
• Set a deadline (e.g., 14–30 days) and enclose evidence (time)
• If sued: the local court is usually competent (court)

FAQ

How long can a landlord keep the deposit?

Typically the landlord inspects claims and repays within weeks to several months; unjustified deductions must be clearly justified.

Can the landlord offset the deposit against unpaid rent?

Yes, unpaid claims can be offset, but the landlord must prove the amounts and reasons.

What do I do if the landlord does not pay?

Send a written demand with a deadline; if payment does not follow, you can file a claim at the competent local court.

How-To

1. Collect evidence: photos, move-in/out protocol, invoices and bank statements (evidence)
2. Demand in writing: send a sample letter to the landlord with a deadline and enclose evidence (notice)
3. Set a deadline: name a reasonable period of 14–30 days for repayment (time)
4. Court steps: if payment is withheld, consider filing a claim at the competent local court (court)

Help and Support

• Gesetzestext BGB §551 — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de
• Bundesministerium der Justiz — bmj.de

1. [1] Gesetzestext BGB §551
2. [2] Information zu Amtsgerichten
3. [3] Bundesgerichtshof (BGH)