Tenants: Interest on Security Deposit Accounts in Germany

Tenants in Germany should know how interest credits on security deposit accounts are managed and documented. Banks post interest, landlords may claim or return these amounts; clear evidence helps enforce rights. This article explains step by step which proofs you should collect, how to check interest amounts, which forms and deadlines apply, and which laws (in particular §§ 535–580a of the BGB) are relevant. It also shows practical sample letters for contacting the landlord and how to involve the competent local court if there are disputes. Read on for concrete examples and templates so you are prepared and can meet deadlines.

What tenants need to know

Interest that accrues on a separate security deposit account generally forms part of the economic value of the deposit. Whether the landlord keeps or pays out that interest depends on the rental agreement and the actual use of the deposit. Legal bases can be found in the BGB. ^[1] In case of evidentiary disputes, it is important to present account movements clearly and observe deadlines.

Proofs and documentation

Collect all documents systematically so you can prove interest credits to the landlord or a court.

• Bank statements showing the interest credits
• Correspondence with bank and landlord (emails, letters)
• Account or contract documents that show how interest is calculated
• Receipts and payment records for deposit movements

How to check interest amounts

1. Compare the credited interest with the agreed or market interest rate of the bank
2. Keep all relevant bank statements and annual summaries
3. Note deadlines for inquiries and claims, for example within three years

Forms, deadlines and legal basis

There is no nationwide standardized "deposit interest form"; to enforce payment claims tenants use general civil procedural paths. The relevant provisions on tenancy and landlord duties are in the BGB. ^[1] For court action the rules of the Code of Civil Procedure (ZPO) apply. ^[2] Tenancy disputes are usually heard at the competent local court (Amtsgericht). ^[3]

Important official procedural routes and examples:

• Payment order (Mahnantrag): If the landlord fails to pay a provable sum, you can file a Mahnantrag; this is a cost‑effective first step before filing a lawsuit. Example: You demand payment of €150 in interest and file a Mahnantrag after the deadline passes.
• Lawsuit at the local court: For contested issues file a claim at the competent Amtsgericht and attach account statements, contract copies and correspondence as exhibits.

FAQ

Who receives the interest on the deposit?

That depends on the contractual agreement and the intended use of the deposit. Often the landlord may use the interest unless the rental contract specifies payout to the tenant.

How long should I keep documents?

Keep bank statements and relevant correspondence for at least three years after the claim arises, as the general limitation period under § 195 BGB is three years.

What can I do if the landlord does not pay interest?

Ask the landlord in writing for information and payment, set a reasonable deadline, and if necessary file a Mahnantrag or sue at the local court. Collect all evidence and attach it to your claim.

How-To

1. Gather all bank statements, contract documents and previous correspondence
2. Give the landlord a written deadline to clarify and pay (e.g. 14 days)
3. If payment does not occur, file a Mahnantrag or prepare a claim at the local court
4. Submit all evidence to the court as attachments and document your claim clearly

Help and Support / Resources

• Gesetze im Internet – BGB (sections 535–580a)
• Gesetze im Internet – ZPO
• Federal Court of Justice – rulings on tenancy law

1. [1] Gesetze im Internet – BGB (sections 535–580a)
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – decisions