Tenant Deposit Interest Check Germany
As a tenant in Germany, you should check before signing whether interest credits on the security deposit are calculated and credited correctly. Too often, interest in a deposit account is overlooked or not transparently reported. This guide explains step by step how to request interest statements, collect payment receipts and document which legal bases in the BGB apply and where to turn if there are uncertainties. The instructions show how to secure evidence, prepare formal letters and, if necessary, file a lawsuit at the local court. You will receive practical sample letters and guidance on official forms so you can clearly present your claims.
Why check interest credits?
The security deposit must be managed separately and earn interest; the relevant rules are set out in the provisions of the German Civil Code, especially §§ 535–580a.[1] As a tenant, you are entitled to have interest correctly allocated and taken into account when the deposit is returned. Errors in interest credits often arise from unclear account management, missing account statements or incorrect interest calculations.
What to check before signing
- Deposit account (deposit): Check bank, account number and interest rate.
- Interest calculation (time): Request the period, start date and calculation method.
- Evidence (evidence): Collect account statements, payment receipts and transfer confirmations.
- Letters (notice): Send an informal demand to the landlord and set a deadline.
Securing evidence
Collect all payment receipts and ask the bank for account statements that explicitly show deposit postings and interest credits. Photograph or scan receipts immediately, note the date and time of each request and save emails separately. If the landlord names a deposit account, request the exact account designation and a confirmation of the safekeeping model.
What to do if interest credits are missing or incorrect
- Request in writing (notice): Ask for a detailed statement of the interest calculation and a correction deadline.
- Contact (call): First speak with the landlord, then with the bank if the deposit account is held by a third-party bank.
- Submit documentation (evidence): Provide account statements, payment receipts and your correspondence.
- Legal steps (court): If no solution, you can assert your claims before the local court.[2]
How-To
- Request account statements from the bank that show all deposit movements and interest credits.
- Send an informal letter to the landlord, name the missing interest, attach evidence and set a deadline.
- Document all responses: save emails and make telephone notes with date and time.
- If necessary, file a lawsuit: file a claim at the competent local court and observe the ZPO rules.
- Enforce the claim after judgment: if the court rules in your favor, enforcement measures may follow.
Forms and legal notes
There are no uniform nationwide "deposit forms", but for legal action you use claim forms and instructions under the Code of Civil Procedure. Inform yourself about the relevant legal provisions in the BGB and the procedural rules in the ZPO.[1][2]
FAQ
- Who must pay out the interest on the deposit?
- The custodian of the deposit must take into account the interest accrued when returning it; if the deposit is held in a bank deposit account, the interest is attributable to the tenant.
- How long should I keep documents?
- Keep account statements and payment receipts for at least three years, preferably five, to secure claims.
- Where can I turn if the landlord does not pay?
- Try to reach an agreement first, then you can file a claim at the local court; in complex cases a lawyer can advise you.
Help and Support / Resources
- BGB §§ 535–580a — Gesetze im Internet
- Zivilprozessordnung (ZPO) — Gesetze im Internet
- Federal Court of Justice (BGH) — Official Website
