Security Deposit & Guarantee: Tenants in Germany

Tenants in Germany often face questions about the security deposit, especially when a guarantee is used instead of cash. In ongoing proceedings—such as rent reduction, termination, or eviction lawsuits—mistakes can easily occur: unclear liability agreements, improper accounting, or missing forms. This text explains in plain language what a deposit guarantee means, what rights and obligations tenants and guarantors have, and how students can account transparently. I show practical steps to protect your money, which deadlines are important and when a court, for example the local court (Amtsgericht), has jurisdiction. The guidance does not replace legal advice but helps avoid typical mistakes and navigate the process more confidently.

What is a deposit guarantee?

With a deposit guarantee, a guarantor provides the landlord with a guarantee that they will be liable for the deposit if the tenant fails to meet obligations. The tenancy law relevant to this can be found in the German Civil Code (BGB), in particular the provisions on rental security.^[1]

Common mistakes during ongoing proceedings

• Unclear liability arrangements among tenant, guarantor and landlord without written documentation.
• Incorrect or incomplete accounting of the deposit after the tenancy ends.
• Failure to observe deadlines and court dates during an eviction suit or counterclaim.
• Poor documentation of damage, repairs and payments as evidence.

How tenants can practically protect their rights

Practical steps reduce risks: request a written guarantee declaration, note deadlines and demand a transparent deposit accounting after moving out. Keep photos of defects and repair receipts and hand over keys in writing. If unsure, contact the competent authorities early or observe court deadlines.

Which forms and templates are important?

• Termination letter template for ending the tenancy, if required.
• Written guarantee declaration from the guarantor stating duration and maximum amount.
• Documentation for deposit accounting: invoices, photos and handover protocol.

What to do if there is a dispute?

If a dispute is unavoidable, the local court (Amtsgericht) is the first instance for many civil rental disputes; higher instances are the regional court (Landgericht) and the Federal Court of Justice for appeals.^[2] Before filing a lawsuit, consider costs, chances of success and whether an amicable settlement is possible. In urgent cases, interim relief applications may be necessary to preserve rights.

FAQ

Can a landlord require a guarantee instead of a cash deposit?

Yes, a guarantee is often possible if both parties agree. It is important to have a written agreement specifying the guarantee amount, duration and conditions for claims.

Which forms do I need for an eviction suit or counterclaim?

Use the official complaint and response forms of the courts and prepare handover protocols, payment receipts and accounting. Templates and forms are available from the competent authorities and ministries.^[3]

Who decides deposit disputes?

Typically the local court (Amtsgericht) handles tenancy disputes in the first instance; appeals go to the regional court (Landgericht) and ultimately the Federal Court of Justice.

How-To

1. Check the guarantee declaration in writing for duration, amount and triggering conditions.
2. Document the apartment condition at move-in and move-out with photos and witnesses.
3. Request a written deposit accounting from the landlord after the tenancy ends.
4. File an objection or complaint within deadlines if the accounting is incomplete or unfair.
5. Seek legal advice or mediation before costs and risks from litigation increase.

Key points for students

Students should pay particular attention to transparent accounting and secure guarantee options (for example via student services or bank guarantees). Clarify early whether parents will act as guarantors or whether a bank guarantee is more suitable, and document payments.

Help and Support / Resources

• BGB text and regulations
• Information on courts and jurisdictions
• Forms and templates – Federal Ministry of Justice

1. [1] BGB §§ 535–580a – Gesetze im Internet
2. [2] Courts and jurisdictions – Justizportal
3. [3] Forms and templates – Federal Ministry of Justice