Security Deposit for Index Rent: Tenants in Germany

As a tenant in Germany, reclaiming a security deposit under an agreed index rent can have specific features. This article explains clearly and practically what rights tenants have, which deadlines apply and which steps lead to a legally secure refund without dispute. You will learn which receipts and documents are important, how a deposit account works, which wordings help in written communication and when clarification before the local court is sensible. I also explain official forms and ways to secure evidence so you can correctly calculate and enforce claims. The goal is to make you capable of action so that refund claims are processed quickly and without unnecessary costs.

What applies to deposits and index rent?

With an index rent, the rent adjusts to a price index. The deposit amount and its reclaim depend on the rental contract and statutory rules (BGB §§ 535–580a).^[1] Important: An index rent changes the agreed gross rent, not automatically the original deposit agreement.

Important deadlines and evidence

• Repayment deadline: After handover and reconciliation of ancillary costs, the landlord must pay in a timely manner.
• Collect evidence: Handover protocol, bank statements, photos of damage and invoices document claims.
• Calculate deductions: Only demonstrable claims may be withheld from the deposit; flat-rate deductions are not automatically permitted.

Steps for a legally secure reclamation

The following order helps to avoid dispute and to enforce rights:

• Send a written demand: Request the refund in writing and set a clear deadline (e.g. 14 days).
• Attach evidence: Include handover protocol, reconciliations and receipts or offer them for inspection.
• If refused: Consider filing suit at the local court; most tenancy disputes are heard there.^[2]

Practical cases (short examples)

Case A: Repayment after renovation costs

The tenant returns the apartment. The landlord withholds part of the deposit for alleged renovation costs. With the handover protocol and photos, the tenant proves no damage occurred; the landlord refunds most of the deposit.

Case B: Index rent and disputed claims

With an index rent the landlord demands an additional payment and withholds the deposit as security. The tenant requests a written calculation and evidence; unclear or flat-rate claims cannot easily be enforced in court.^[3]

FAQ

How long does the landlord have to repay the deposit?

There is no fixed deadline, but a reasonable time after handover and reconciliation of ancillary costs is expected; set a clear deadline in your letter.

What proof do I need to reclaim the deposit?

Handover protocol, photos, bank statements, reconciliations and invoices; the more complete, the better.

When should I go to court?

If the landlord does not pay despite a written demand and deadline and the claim is not substantiated, you can file a claim at the local court.

How-To

1. Collect all documents: handover protocol, photos, invoices and bank statements.
2. Write a formal refund demand and set a deadline (e.g. 14 days).
3. Wait for the deadline and check the response; send a reminder if there is no reply.
4. If the landlord remains defaulting, prepare the claim documents for the local court and file suit.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Zivilprozessordnung (ZPO) – Procedural rules
• Federal Court of Justice (BGH) – Decisions

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Justizportal – Information on local courts
3. [3] Federal Court of Justice (BGH)