Tenant Deposit: Prove Interest in Germany

Many tenants in Germany wonder how to prove interest on the security deposit when the landlord denies crediting interest or the deposit was not properly invested. This guide explains in plain language which records count (bank statements, deposit account agreement, handover protocols), how to collect documents and meet deadlines, and when a complaint at the local court is appropriate. We cite relevant laws such as the BGB, give concrete action steps and inform about official forms and legal enforcement. The goal is to give you, as a tenant, practical steps so you can present your claims clearly and verifiably in Germany. Read which objection deadlines apply, how to mark bank statements correctly and what informal correspondence with the landlord should look like. We also explain how a payment order or a lawsuit at the local court proceeds.

What belongs in the records?

• Bank statements of the deposit account with marked interest credits (documents).
• Rental agreement and written deposit agreement, including the deposit account details.
• Handover protocols and inventory lists that document repayment timings (documents).
• Proofs of payment: transfer receipts or receipts proving the deposit payment.
• Correspondence with the landlord: emails, letters and demands with dates (documents).

Practical steps

1. Contact your bank and request full statements for the deposit account, note contacts and dates.
2. Mark all interest credits in the statements and create a simple table with date and amount.
3. Send a formal demand to the landlord with a deadline and request information about deposit interest.
4. If there is no response: consider payment order or lawsuit at the local court to enforce claims ^[2].
5. Collect supplementary evidence like handover protocols, repair invoices and the rental agreement for the court file.

Deadlines and legal basis

Claims from the tenancy are governed by the provisions of the Civil Code (BGB), especially regarding landlord duties and deposit return. See the statutory texts for the relevant provisions ^[1]. Check objection and limitation periods promptly and keep records.

Which forms and templates matter?

• Informal payment demand: no special court form required, but use clear content, date and deadline; this document serves as record.
• Payment order / application in the payment order procedure: information and online options are available from judicial authorities ^[2].
• If litigation is necessary: use court forms and guidance from the Federal Ministry of Justice for procedural questions ^[3].

FAQ

How long should I keep records?

Keep bank statements and payment proofs for at least three to six years; when in doubt, keep them longer.

Which records suffice as proof of interest?

Bank statements showing interest entries, the written deposit agreement and correspondence with the landlord are decisive.

Can I sue at the local court without a lawyer?

Yes, tenants may sue at the local court themselves; however, legal advice is recommended for complex cases.

How-To

1. Request complete bank statements for the deposit account in writing and save copies.
2. Record interest amounts in an overview table with dates and sources.
3. Send a formal payment demand to the landlord with a deadline (e.g. 14 days).
4. If payment does not occur, apply for a payment order or file a lawsuit at the local court ^[2].
5. Prepare court documents: table, bank statements, rental agreement and correspondence.

Key takeaways

• Documentation is key: secure bank statements and correspondence.
• Set clear deadlines in demand letters to keep procedures efficient.
• Use payment orders as a faster alternative before full litigation.

Help and Support / Resources

• Gesetze im Internet: BGB
• Justizportal: Information on payment order and courts
• Federal Ministry of Justice and Consumer Protection (forms & guidance)

1. [1] BGB §535 ff. at Gesetze im Internet
2. [2] Justiz: Payment order and local courts
3. [3] Federal Ministry of Justice and Consumer Protection