Tenants: Deposit, Interest & Proof in Germany

As a tenant in Germany, it is important to document deposit interest correctly to preserve your right to reimbursement. Many disputes arise because bank records, interest statements or correspondence are missing. This guide explains clearly which documents you need, how to calculate interest and which deadlines apply. You will also learn which official forms and courts are responsible, how to formulate a written claim and what happens in the worst case at the local court. I provide concrete steps, practical examples and refer to relevant laws and official forms so that you can enforce your claim in Germany legally secure and traceable. Read on for checklists, sample texts and tips on gathering evidence.

Kautionszinsen sicher nachweisen

The basis of your claim are the tenancy law rules in the Civil Code (BGB) on rental relationships and landlord and tenant obligations.^[1] Collect all documents early: deposit agreement in the rental contract, bank statements showing payment and credits, bank interest statements and correspondence with the landlord.

• Bank statements showing the deposit payment and refund.
• Interest statements or annual summaries from your bank for the deposit account.
• Rental contract with deposit agreement and handover protocols.
• Correspondence (emails/letters) with the landlord about the deposit accounting.

Deadlines and calculating interest

There is no uniform special deadline for deposit interest; request interest promptly in writing and set a reasonable payment deadline (e.g. 14 days). For calculation, pay attention to the exact period, the interest rate and any bank or custodian fees.

• Set a clear payment deadline in your demand (for example 14 days).
• Calculate interest proportionally based on the actual amount and period.
• Document each interest booking separately to provide evidence.

If the landlord does not pay: procedures and courts

If payment remains outstanding, the local court (Amtsgericht) is responsible for tenancy claims of lower value; for higher amounts the regional court (Landgericht) may be competent. The court procedure is governed by the Code of Civil Procedure (ZPO).^[2] For legal questions or central interpretations, decisions of the Federal Court of Justice (BGH) can be relevant.^[3]

• Written reminder to the landlord with deadline and specific claim.
• Wait for the deadline to expire and document the receipt of your reminder.
• File a lawsuit at the competent local court if payment is not made.

In court you will need your full evidence, a clear claim statement (principal claim plus interest) and possibly a copy of the rental contract. Use sample texts and forms from the judiciary when available.^[4]

FAQ

How much is deposit interest?

The amount depends on the custodian bank's interest rate and the duration; there is no statutory flat rate.

What deadline should I set?

An appropriate payment deadline is often 14 days; for complex cases a longer deadline may be sensible.

Which court is competent?

For most deposit disputes the local court (Amtsgericht) is competent; larger claims may be heard by the regional court (Landgericht).

Anleitung

1. Collect all relevant evidence: bank statements, interest proofs, rental contract and correspondence.
2. Calculate the interest owed and prepare a claim statement.
3. Draft a written payment request with deadline and attach evidence.
4. Set a clear deadline (e.g. 14 days) and log the dispatch.
5. If no payment is made, file a lawsuit at the competent local court.

Key Takeaways

• Gather evidence before making claims.
• Set clear deadlines to make claims enforceable.
• Use official judiciary forms and sample texts.

Help and Support

• Civil Code (BGB) — Gesetze im Internet
• Code of Civil Procedure (ZPO) — Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)
4. [4] Federal Ministry of Justice: Forms & Templates