Security Deposit with Index Rent: Claim in Germany
Tenants in Germany often have questions about getting their security deposit back under an index rent agreement. After the tenancy ends, the landlord must timely check for any claims and return the deposit or any remaining balance. Tenants should know which deductions are legally permitted, how long a landlord may retain the deposit for security reasons, and which documents the landlord must provide. This practical guide explains your rights, common deadlines, how to demand the deposit back, and which official forms and court steps can help in disputes. It also shows how to use bank statements and photos as evidence and where in Germany to turn to local courts or authorities if an agreement is not possible.
When can I claim the deposit?
In principle, the deposit must be repaid after the apartment is returned if the landlord makes no justified claims. Legal rules regarding tenancy and obligations are set out in the German Civil Code (BGB)[1]. Key factors are the end of the tenancy, handover of the apartment and settlement of outstanding utility bills.
- Check deadlines after the tenancy: A review and retention period is often applied until outstanding utility bills are settled.
- Request bank statement: Ask for proof of the deposit account and interest.
- Collect evidence and photos: Document defects, handover protocols and repair invoices.
Which deductions are permitted?
The landlord may only deduct actual and proven claims from the deposit, such as unpaid rent or proven repair costs. Blanket or hypothetical retentions without evidence are not permitted. Request receipts for any deduction.
- Unpaid rent and claims from the utility reconciliation
- Proven repair costs if chargeable to the tenant
- Estimates or invoices as proof
Forms and templates (official guidance)
For out-of-court steps and formal enforcement, there are official forms. A common step is the payment order (Mahnverfahren); information and forms are available from the judiciary authorities[2].
- Payment order (Mahnverfahren) – Use when the landlord does not respond: You apply for a payment order at the competent court to obtain an enforceable title.
- Demand letter for deposit repayment – Wording: Clearly set a deadline (e.g. 14 days) and warn of legal steps if unpaid.
What to do in a dispute — courts and appeals
If informal measures fail, court action often helps. Rental disputes are usually heard first at the local court (Amtsgericht); higher instances are the regional courts and the Federal Court of Justice (BGH) for precedent-setting rulings[3]. Before filing suit, consider settlement offers and legal protection options.
FAQ
- How long can the landlord retain the deposit?
- There is no fixed statutory period. In practice, review periods of a few months are common; when utility reconciliations are pending, the review may take longer. If in doubt, ask in writing promptly.
- Do interest on the deposit belong to the tenant?
- Yes. Interest from a separate deposit account generally belongs to the tenant. Request information about the account and interest credits.
- Which forms are useful?
- An informal demand letter with a deadline, possibly an application for a payment order (Mahnverfahren), and if necessary a court claim or enforcement application.
How-To: Claim the deposit back
- Check deadlines and read the tenancy agreement: Note termination and handover dates.
- Request bank statement and handover protocol: Ask for documents in writing.
- Send a demand for repayment: Set a clear deadline (e.g. 14 days) and request proof for deductions.
- Wait and document: Keep copies and note deadlines.
- If no response, initiate the payment order (Mahnverfahren): Formal enforcement of the claim.
- If necessary: File a claim at the competent local court (Amtsgericht) or consult legal counsel.
Help and Support / Resources
- German Civil Code (BGB) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – bundesgerichtshof.de
- Information on payment orders (Mahnverfahren) – Justiz
