Tenants: Deposit with Index Rent in Germany
As a tenant in Germany, it is important to manage the security deposit carefully even with index rent and to document every settlement with evidence. Index rent changes the adjustment of rent to a price index, but the legal rules for the deposit remain regulated by law.[1] This text explains in practical terms which documents, photos and handover protocols you should collect, how a deposit account works and which deadlines apply when you request repayment. The guide helps to prepare disputes with the landlord and secure court-capable evidence. You get clear steps for letters, deadlines and references to official legal bases in Germany.
What tenants should consider about the deposit
The German Civil Code (BGB) governs the amount, handling and interest on the security deposit. A maximum deposit of three months' rent is common and the deposit should be kept in a separate account. Note the payment method and request confirmation of payment and account proof.
Which evidence to collect?
Collect documents early that can later serve as evidence: handover protocol, photos at move-in and move-out, invoices for repairs, receipts and written communication with the landlord.
- Photos and evidence (evidence) at move-in and move-out, dated and labeled.
- Receipts and transfer slips for the deposit payment (deposit) including account proof.
- Handover protocol with meter readings and signatures of both parties.
- Invoices for professional repairs, not for normal wear and tear.
Practice: deposit account, interest and deductions
Landlords must keep the deposit separately; interest generally belongs to the tenant. The landlord can offset justified claims for damages or outstanding utility bills against the deposit. Usually the landlord waits several weeks to months before final settlement to account for possible utility cost adjustments.
Deadlines, courts and legal remedies
If the landlord does not return the deposit on time or withholds it unjustifiably, you can demand repayment in writing and, if necessary, initiate legal proceedings. Tenancy disputes are heard at the local court (Amtsgericht); the rules of civil procedure apply via the Code of Civil Procedure.[2] For important legal questions, Federal Court of Justice decisions can be decisive.[3]
Forms and templates
As a tenant, the following templates are important: termination letter (BMJ sample) for formally ending the tenancy and a template for a repayment or dunning letter. Use clear deadlines and request a quantified settlement. Official templates and guidance can be found from the competent authorities (see sources at the end).
FAQ
- What changes for the deposit with index rent?
- Index rent changes the calculation of the rent, but the rules on the amount and management of the deposit remain under the BGB. It is recommended to document all payments regardless of the index agreement.
- How long may the landlord withhold the deposit?
- There is no fixed nationwide deadline, but in practice waiting times of a few weeks to six months are common to account for utility cost adjustments; in disputed cases the court decides.
- Which evidence is sufficient in disputes over the deposit?
- Time-stamped photos, handover protocols, invoices from craftsmen and transfer receipts are the strongest proofs for tenants.
How-To
- Shortly after moving in: create a detailed handover protocol with photos (within 7 days).
- Collect all receipts, invoices and correspondence about repairs and payments during the tenancy.
- When moving out: request the deposit settlement in writing and set a deadline (e.g. 30 days) for repayment.
- If repayment does not occur, consider dunning procedures or filing suit at the local court; prepare your evidence clearly.
Help and Support
- Federal Ministry of Justice (BMJ) – official guidance and sample forms for tenancy.
- Gesetze im Internet – full texts of BGB and ZPO for tenants.
- Federal Court of Justice – rulings and press releases on tenancy law.
