Security Deposit for Tenants in Germany: Avoid Errors

Many tenants in Germany face the task of placing the rental deposit correctly. A deposit savings account should be opened on time in the tenant's name and kept separate from the landlord's assets so that claims are protected when moving out. Mistakes such as missing written agreements, unclear payments or lack of receipts often lead to disputes and unnecessary delays. This guide explains in practical terms which documents you need, which deadlines to observe and how to secure evidence so that you can effectively enforce your deposit claims in Germany. It guides you through account selection, shows typical wordings for payment confirmations and names authorities such as the local court for disputes.

What is a deposit savings account?

A deposit savings account is a form of securing the rental deposit often required by landlords. It serves to keep the deposit separate and to act as proof of payment if necessary. Legal foundations for tenancy are found in the Civil Code, especially in the provisions on the tenancy agreement and duties of landlord and tenant.^[1] For enforcement and procedural rules, the procedural provisions of the ZPO apply.^[2]

Check before opening

• Check deadlines: Clarify when the deposit must be paid and whether installments were agreed.
• Clarify the amount: Confirm the agreed deposit amount and compare it with the legal cap.
• Request a written agreement: Have a clear clause included in the lease or an annex to the lease.
• Collect evidence: Prepare the lease, ID and payment proofs for the bank.

Opening the account: Practical tips

Choose an account that is in your name; avoid accounts in the landlord's name. Clarify whether interest belongs to the tenant and how payouts at the end of the tenancy are handled. Ask the bank for a written confirmation of the account details and the deposit so that you have a formal record in case of later disputes.

What to do in case of problems with the deposit?

• First contact: Communicate with the landlord in writing and request an accounting or repayment.
• Present evidence: Provide payment proofs, account statements, handover reports and correspondence.
• Legal steps: The local court is responsible for disputes; inform yourself about deadlines and procedural rules.

FAQ

How quickly must a deposit savings account be opened?

A deposit savings account should be opened as soon as possible after the deposit is agreed; many leases require payment within a certain period after the start of the contract.

Who holds the deposit funds?

The funds should be kept separate from the landlord's assets and ideally on an account or savings book registered to the tenant.

What evidence do I need in case of a dispute?

Payment proofs, account statements, handover reports and written agreements are key evidence in case of a dispute.

How-To

1. Collect documents: Have the lease, ID and payment proofs ready.
2. Choose a bank: Ask for a separate savings book or account in your name.
3. Fill out the account form: Request a written confirmation of the deposit.
4. Make the payment: Pay the deposit according to the agreement and document each step.
5. Secure confirmation: Request a written confirmation for your records.

Help and Support / Resources

• Civil Code (BGB) — gesetze-im-internet.de
• Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de