Security deposit: Prove interest credits in Germany

As a tenant in Germany it is important to actively check interest credits on the security deposit. In many tenancy relationships the deposit is kept in a separate account; interest belongs to the tenant and should be shown. This guide explains how to request account statements, calculate interest, observe deadlines and which official forms or sample letters can help in disputes. You will receive practical steps, example letters to the landlord and guidance on when a proceeding at the local court makes sense^[3]. With clear documentation you increase the chances of enforcing legitimate claims without unnecessary conflict.

What tenants need to know about interest credits

Under the German Civil Code (BGB) landlords are obliged to keep the deposit separately; whether and how interest is paid depends on the lease agreement and general provisions (§§ 535–580a BGB)^[1]. In disputes over payments or reimbursement the rules of the Code of Civil Procedure (ZPO) apply for deadlines and filing proceedings^[2].

Check and document: step by step

• Request account statements and proof of interest credits from the landlord in writing.
• Calculate the interest based on the account statements and compare it with the billing.
• Observe deadlines: respond within a reasonable time if the landlord does not reply.
• Collect evidence: account statements, transfer receipts and correspondence.

If the landlord provides no information or the interest credits are missing, send a formal request for information and repayment. Name a deadline of two to four weeks and ask for the submission of the relevant account statements. Official templates can be helpful for sample letters^[5].

When is court action appropriate?

If an out-of-court settlement fails, filing an action at the local court may be necessary to settle the claim. The local court (Amtsgericht) is the first instance for most tenancy disputes; for higher legal questions the case may later be decided by the regional court or the Federal Court of Justice^[3][4].

FAQ

Who decides on disputed interest credits?

Generally the local court decides in the first instance; for fundamental legal questions a case can reach the Federal Court of Justice.

What deadline should I set if the landlord does not respond?

Deadlines of two to four weeks for submitting account statements and interest proof are common.

Is there an official template for the request?

The Federal Ministry of Justice provides sample letters and guidance that you can adapt.

How-To

1. Request account statements and proof of interest from the landlord in writing and set a clear deadline.
2. Calculate the interest: multiply principal × interest rate × term / 360 or 365, depending on the account statement.
3. Check deadlines: respond promptly to missing answers and document each step.
4. If necessary, file a claim at the competent local court or seek legal advice.

Help and Support

• Information on tenancy law and statutes (Gesetze im Internet)
• Information on court responsibilities (Justizportal)
• Federal Court of Justice: tenancy law rulings

1. [1] German Civil Code (BGB) §§ 535–580a - Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) - Gesetze im Internet
3. [3] Local courts and jurisdiction - Justizportal
4. [4] Federal Court of Justice (BGH) - Decisions
5. [5] Federal Ministry of Justice - Sample letters and guidance