Security Deposit & Guarantee: Tenant Rights in Germany
Security Deposit and Deposit Guarantee
Many tenants in Germany face the choice: cash deposit, special deposit account, or a deposit guarantee. The legal basis for lease obligations and return of the deposit can be found in the Civil Code (BGB).[1] A guarantee can be practical for families, reducing short-term liquidity needs, but it requires clear written agreements and documentation.
What is a deposit guarantee?
With a deposit guarantee, a guarantor promises the landlord to pay up to a specified amount if the tenant fails to pay. Important are the exact contractual wording, duration and trigger conditions.
- Check whether the guarantee is unlimited or has a fixed term.
- Collect evidence: guarantee contract, handover protocols, payment receipts and photos of the apartment condition.
Deadlines, forms and formalities
For claims to repayment, deadlines and formal requirements apply; the Code of Civil Procedure (ZPO) is relevant for court actions.[2] Sample termination letters or documents should be precise; the ministry provides guidance on civil proceedings.
- Observe deadlines: repayment requests should typically be made within a few months after tenancy ends.
- Use clear, dated letters and request repayment in writing.
Collecting and securing evidence
Concrete evidence helps if a dispute arises: photos at move-in and move-out, handover protocols and bank statements are central. Request a copy of the guarantee contract and document all communication by email or letter.
Courts, jurisdiction and when to sue
If repayment is unjustly refused, suit can be brought at the competent local court; for higher amounts the regional court and ultimately the Federal Court of Justice (BGH) may be relevant.[3] Before suing, set a deadline and prepare thorough documentation.
- The local court (Amtsgericht) is usually responsible for tenancy disputes.
- Seek legal advice if uncertain about contract wording.
FAQ
- Can the landlord refuse a deposit guarantee?
- In principle, the landlord can set the form of security in the lease, but individual agreements are possible; clarify this before signing the contract.
- How long can the landlord withhold the deposit?
- The deposit may only be withheld as long as necessary to assess claims; accounting and review periods of a few months are commonly accepted.
- Which proofs are most important in a dispute?
- Handover protocol, photos, bank statements and the guarantee contract are the key documents.
How-To
- First check the lease and the guarantee terms for duration and trigger events.
- Gather all evidence: photos, protocols and payment receipts.
- Set a written deadline for the landlord to repay and request reasons.
- If no agreement is reached, consider filing suit at the local court or seek legal advice.
