Tenant Deposit Guarantee: Rights in Germany

As a tenant in Germany you may wonder whether a tenant deposit guarantee is secure and how to reclaim the guarantee at the end of the tenancy. This guide explains in plain language which rights tenants have, which deadlines apply and which official forms or proofs are important. You will learn how to check guarantee terms, document defects or deductions and make a legally secure claim. I also explain when a court can be involved and which local court is competent. Practical examples and concrete steps help avoid typical mistakes and recover the deposit or guarantee payments promptly. I name relevant sections of the BGB, refer to official forms and show how to collect evidence systematically to support your claim at the local court.

What is a tenant deposit guarantee?

A tenant deposit guarantee is a bank or guarantee promise instead of a classic cash deposit. Landlords thereby receive an assurance that a bank or guarantor will cover outstanding claims. For tenants this can conserve liquidity but carries risks regarding duration, liability cap and return conditions. Check in the contract who is named as guarantor, whether a maximum amount is specified and what return or termination conditions apply. ^[1]

Checking the guarantee terms

Before signing and when reclaiming you should proceed systematically:

• Check who the guarantor is and whether the guarantee is irrevocable or revocable.
• Check the exact liability amount and whether start or extension deadlines are named.
• Read whether the landlord may call the guarantee directly or only after establishing a claim.
• Compare the terms with §535 et seq. of the BGB regarding deposit rules and tenancy law.

Legally secure reclamation: steps

1. Step 1: Document the handover and defects with photos and a protocol.
2. Step 2: Send a written demand for repayment of the guarantee or deposit, stating a deadline.
3. Step 3: Attach proof of rent payments and settled utility statements.
4. Step 4: If the landlord fails to act within the deadline, consider filing suit at the competent local court.

When setting deadlines, it is advisable to name a clear payment period (e.g. 14 days) and state the reason for the claim precisely. Use registered mail or emails with read receipts as proof. If the landlord cites partial amounts, request a detailed cost breakdown.

Evidence collection and forms

Collect rent payments, handover protocols, photos, email exchanges and all invoices. Official forms for termination or reminders are not always mandatory, but templates help avoid formal errors. For lawsuits the rules of civil procedure apply; keep receipts in chronological order and make copies ready. ^[2]

Court proceedings and jurisdiction

Disputes over deposit and guarantee are usually handled by the local court; for higher claims the regional court may follow. The Federal Court of Justice issues rulings in appeals and influences case law. In practice, before filing suit check local jurisdiction and possible cost risks. ^[3]

FAQ

Who must release the guarantee when the tenancy ends?

The guarantor or issuing bank must release it only if all legitimate claims are settled; landlords frequently request proof regarding utilities and damages.

What deadlines apply for reclamation?

Many tenants set a remedy period of 14 to 30 days; there are no exact statutory special deadlines for guarantees, but general limitation and procedural rules in the BGB apply.

When should I involve the local court?

If the landlord does not release the guarantee despite a justified demand and deadline, the local court is the first judicial step; consider mediation or legal advice beforehand.

How-To

1. First check your tenancy documents and the guarantee terms for duration and liability.
2. Create a handover protocol with photos and have the landlord sign it.
3. Send a written repayment demand to landlord and guarantor with a clear deadline.
4. If necessary, file suit at the competent local court and attach all evidence.

Help and Support / Resources

• Buergerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

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