Tenant Deposit Guarantee: Return at Move-Out in Germany
As a tenant in Germany, you often face the question of how a deposit guarantee is properly returned at move-out. This guarantee commonly replaces a classic deposit account but comes with its own rules: who must terminate the guarantee, which deadlines apply and which evidence reduces the risk that the landlord withholds funds unlawfully? This article explains step by step how to document handover protocols, photos and correspondence effectively, what rights arise from the Civil Code (BGB) and how to proceed if the landlord delays or refuses the return. The goal is to help tenants enforce repayment more securely and to know which courts or procedures are relevant if needed.
How does a deposit guarantee work?
With a tenant deposit guarantee, a bank or insurer provides a guarantee statement to the landlord instead of cash as security. The landlord can assert claims against the guarantee in the event of damages. Tenants should note: the guarantee often remains in place until the final utility billing is settled and can therefore still be claimed after move-out. Legal obligations from the rental agreement and provisions of the BGB apply.[1]
Before moving out: check and document
- Clarify deadlines in the lease and the guarantee (expiration, termination periods).
- Prepare a handover protocol with date, meter readings and defects.
- Take photos of the apartment, damages and meters and save emails and messages as evidence.
- Check provider terms for an external guarantee, especially durations and termination formalities.
On return: procedure and deadlines
The landlord must assert legitimate claims within a reasonable period; unlawful withholding is not permitted. Determine whether a deadline is stated in the lease or in the guarantee agreement and request the release of the guarantee or the refund of the deposit in writing. Keep all receipts and correspondence; they are crucial evidence in a dispute.
If the landlord does not pay
If there is refusal or delay, document your payment requests in writing and consider the payment order or lawsuit at the competent local court. Jurisdiction and procedural rules follow the ZPO and the provisions for civil claims.[2] A reminder letter with a deadline often helps; if there is no response, a formal payment order may follow.
FAQ
- Who is liable for the deposit or the guarantee?
- The guarantor (e.g., bank or insurer) is liable to the landlord according to the guarantee statement; the tenant generally remains the contractual partner obliged to the guarantor.
- How long may the landlord retain the deposit?
- The landlord may retain the deposit as long as he examines legitimate claims; typically open claims should be resolved within a few months, and annual utility statements may extend the period.
- What can I do if the guarantee is not returned?
- Set a deadline, consider a payment order or file a lawsuit at the local court; there are standardized forms and guidance for the payment order at the justice authorities.[3]
How-To
- Check guarantee terms and note termination periods and durations.
- Create a detailed handover protocol when surrendering the apartment and have the landlord sign it.
- Collect photos, invoices and messages as evidence of the condition at move-out.
- Request release of the guarantee or refund in writing and set a clear deadline.
- If there is no response: initiate a payment order or consider legal action at the local court.
