Security Deposit & Utilities: Tenant Checklist Germany

As a tenant in Germany, it is important to manage the security deposit and utility cost risks securely. This guide explains in practical terms how to check deposit accounts, observe deadlines for refunds and clearly review utility bills. You will learn which receipts count, which wordings help in letters, and how to use official template forms correctly. You will also learn when a local court (Amtsgericht) is competent and which legal bases apply.^[1] The goal is to avoid disputes and secure your refunds through clear documentation. Read the checklist and use the template letters so you do not miss deadlines.

What tenants should check first

Above all, when moving in and out: document, document, document. Check whether the deposit has been placed in a separate deposit account and whether the landlord reports interest separately. Note the date and amount of each payment. For utility bills, pay attention to the billing period, receipts and cost allocation.

Deposit account, refund and deadlines

Many tenants do not know that landlords must keep the deposit separately. Request information about the deposit account if desired and ask for written confirmation of the payment made. Object to incorrect deductions within the legal deadlines.

• Deposit (Kaution) check: Verify amount, recipient, deposit account and payment receipts.
• Observe deadlines: Refunds usually occur within six months after handover, but check the specific billing case.
• Collect receipts: Keep invoices, meter readings, handover protocol and photos as evidence.

If the deposit is withheld, send an informal demand with a deadline and request a detailed statement. If no agreement is reached, legal action through the local court may be necessary.^[4]

Check utility bills (Operating Costs Regulation)

Check the individual items in the utility bill: heating, water, waste, caretaker, insurance. The bill must be transparent; the billing period generally must not exceed twelve months. Request receipts if items are unclear.^[2]

Typical checkpoints

• Request documents: View copies of invoices and contracts for verification.
• Check cost allocation: Ensure that costs are actually allocable to tenants.
• Consumption-based costs: Cross-check heating and water costs with meter readings.^[3]

Forms, template letters and practical templates

Use official templates where possible. Examples include termination letters or objection templates against utility bills. A clear objection should include date, billing period, justification and the request for submission of receipts. Use templates from the competent authorities or the judiciary as a model.^[5]

Legal bases and courts

The most important legal bases for tenancy relationships are found in the BGB (German Civil Code), particularly relating to rent, deposit and the duties of both parties.^[1] In disputes, local courts (Amtsgerichte) are usually responsible first; higher instances include the regional courts and, for precedent, the Federal Court of Justice.

Anleitung

1. Collect documents: Gather account statements, transfer receipts, handover protocol and photos in one place.
2. Write an objection: Set a deadline, state the reason briefly and request receipts.
3. Make contact: Write to the landlord in writing and document conversation notes.
4. Consider court action: If necessary, assert your claim at the competent local court or seek advice.

FAQ

Who manages the security deposit and may place it?

The landlord is responsible for keeping the deposit separate from business assets or naming a trust account. As a tenant, you can request information about the deposit account.^[1]

How long may the landlord delay the refund?

In practice, deadlines of up to six months are common until operating costs are clarified. For unjustified withholdings, you should demand payment in writing.

Which utility costs may be allocated?

Allocable utility costs are specified in detail in the Operating Costs Regulation. Non-allocable costs may not be deducted without agreement.^[2]

Which forms help in a dispute?

Template termination letters, objection templates and receipt requests streamline the process; where possible, use official templates from the judiciary or ministries.^[5]

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Betriebskostenverordnung (BetrKV)
• Heizkostenverordnung (HeizKV)
• Bundesgerichtshof (BGH) – key decisions

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
3. [3] Gesetze im Internet – Heizkostenverordnung (HeizKV)
4. [4] Justizportale – Amtsgerichte and responsibilities
5. [5] Bundesministerium der Justiz – template forms and resources