Security Deposit: Prove Interest on Time in Germany

As a tenant in Germany it is important to know how to prove interest on the security deposit on time to secure repayment claims. Many landlords keep deposits in separate accounts and interest accrues that may belong to you. This guide explains in clear language which documents you need, how to check deadlines and calculations, and which official legal bases apply. I show step by step how to collect evidence, write a formal repayment request and, if necessary, take legal action. Practical examples, notes about local courts and references to relevant sections of the BGB help you enforce your rights in Germany without requiring legal expertise.

What does interest on the security deposit mean?

Interest on the security deposit are returns accrued on the separate deposit account. Usually these returns belong to the tenant unless the rental agreement or account handling states otherwise. The legal foundations can be found in the German Civil Code (BGB), especially regarding rights and duties from the rental contract.^[1]

When and how to prove interest?

You should prove interest as soon as the landlord returns the deposit or fails to provide information on request. A systematic approach increases the chances of full repayment:

• Collect bank statements and the deposit agreement from the rental contract.
• Document all inflows and outflows of the deposit account.
• Calculate interest for the relevant period and note the method of calculation.
• Request payment in writing and set a clear deadline.

Example: setting a deadline

Draft a short, unambiguous request for repayment of the deposit with the separately listed interest claim and a 14-day deadline. Send the letter by registered mail or deliver it personally with a receipt.

Requirements for evidence and forms

Acceptable evidence includes bank statements, the rental agreement (deposit clause), account statements or a confirmation from the bank. There is no single official "deposit interest form", but for court proceedings you need organized documents and possibly standardized claim forms from the local court.

Frequently Asked Questions

Does my landlord have to pay interest on the deposit?

Generally yes, unless there is an agreement to the contrary. Interest accrued on a separate deposit account may be due to the tenant.^[1]

What deadlines apply when I claim interest?

Set a reasonable grace period (e.g. 14 days). For court action, civil procedure rules of the ZPO apply; observe limitation periods and form requirements.^[2]

What can I do if the landlord refuses?

Document everything and consider filing a claim at the competent local court; higher instances such as the regional court or the Federal Court of Justice may decide legal questions.^[3]

How-To

1. Collect all relevant evidence: rental contract, bank statements, payment receipts.
2. Calculate interest for the period the deposit was held (from deposit to repayment).
3. Send a formal demand with a deadline (e.g. 14 days) and deliver it with proof.
4. Prepare court action at the local court if there is no response or seek legal advice.
5. Refer in legal steps to the collected documents and the relevant sections of the BGB.^[1]

Key Takeaways

• Evidence and bank statements are essential to prove security deposit interest.
• Set a clear, provable deadline for repayment including interest.
• Local courts (Amtsgerichte) are the first instance for rental disputes.

Help and Support

• Gesetze im Internet (BGB and ZPO): Official legal texts
• Federal Court of Justice (BGH): Decisions and guidance
• Judicial portals of the states: local courts and forms

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de