51Ƶ

Security Deposit Agreement Template for Germany

A Security Deposit Agreement (Kautionsvereinbarung) governed by German law that establishes the terms and conditions for handling rental security deposits in accordance with the German Civil Code (BGB). The agreement details the deposit amount (limited to three months' rent under §551 BGB), payment terms, separate bank account requirements, interest provisions, conditions for use, and return procedures. It ensures compliance with German tenant protection laws while protecting both landlord and tenant interests in residential or commercial lease arrangements.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Security Deposit Agreement?

The Security Deposit Agreement is a crucial document in German rental arrangements, required whenever a landlord collects a security deposit (Kaution) from a tenant. It complies with the German Civil Code (BGB), particularly §551, which mandates specific handling of rental deposits, including the three-month rent maximum, separate interest-bearing account requirements, and tenant protection provisions. This agreement is typically executed alongside the main lease agreement and provides detailed terms for deposit payment, management, and return. It's essential for both residential and commercial properties in Germany, protecting both parties' interests while ensuring legal compliance with strict German tenancy laws. The document becomes particularly important in cases of property transfer, tenant changes, or dispute resolution regarding deposit deductions.

What sections should be included in a Security Deposit Agreement?

1. Parties: Identification of the landlord/lessor and tenant/lessee with full legal names and addresses

2. Background: Reference to the main lease agreement and context for the security deposit requirement

3. Definitions: Key terms used in the agreement including 'Security Deposit', 'Lease Agreement', 'Interest', and 'Bank Account'

4. Amount and Payment Terms: Specification of the security deposit amount (maximum 3 months' rent) and payment schedule including installment options as per BGB §551

5. Bank Account Details: Specifications for the separate interest-bearing account where the deposit will be held

6. Interest Provisions: Terms regarding the accrual and payment of interest on the deposited amount

7. Permitted Use of Deposit: Conditions under which the landlord may access the deposit

8. Return of Deposit: Terms and timeline for the return of the deposit, including inspection requirements and deduction conditions

9. Notices: Communication requirements between parties regarding the deposit

10. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Security Deposit Agreement?

1. Transfer Provisions: Required if the property might be sold, addressing the transfer of deposit obligations to new owners as per BGB §566a

2. Multiple Tenants: Required when there are multiple tenants, specifying joint and several liability

3. Alternative Security: Optional section for cases where bank guarantees or other forms of security are accepted instead of cash deposit

4. Insurance Requirements: Optional section specifying any insurance requirements related to the security deposit

5. Dispute Resolution: Optional detailed procedure for handling disputes about deposit deductions

What schedules should be included in a Security Deposit Agreement?

1. Schedule 1 - Payment Schedule: If installment payments are agreed, detailed payment dates and amounts

2. Schedule 2 - Bank Account Details: Full banking details and account management procedures

3. Schedule 3 - Property Condition Report: Initial condition documentation relevant for future deposit deductions

4. Appendix A - Calculation of Interest: Method for calculating and applying interest to the deposit

5. Appendix B - Deposit Return Checklist: Itemized list of conditions that must be met for deposit return

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Deposit Agreement

Sector

Banking

Cost

Free to use

Find the exact document you need

Earnest Money Deposit Agreement

A German law-governed agreement establishing terms for an earnest money deposit, including payment, holding, and release conditions.

Download

Earnest Money Agreement

A German law-governed agreement establishing terms for earnest money payment and handling in a transaction, typically used in property purchases.

Download

Deposit Contract

A German law agreement establishing terms for storing and safeguarding movable property, governed by the German Civil Code (BGB).

Download

Term Deposit Agreement

German law-governed agreement between a bank and depositor establishing terms for a fixed-term deposit account, compliant with German banking regulations.

Download

Security Deposit Transfer Agreement

A German law-governed agreement facilitating the transfer of tenant security deposits between landlords during property ownership changes, ensuring compliance with BGB requirements.

Download

Security Deposit Agreement

German law-compliant Security Deposit Agreement (Kautionsvereinbarung) setting out terms for rental deposits under BGB regulations.

Download

Pet Deposit Contract

A German law-compliant agreement establishing terms for a supplementary rental deposit specifically for keeping pets in rental properties.

Download

Car Sales Deposit Agreement

A German law-compliant agreement establishing terms and conditions for a vehicle purchase deposit, securing both buyer's and seller's interests under the BGB.

Download

Direct Deposit Agreement

A German-law agreement establishing terms for direct deposit of employee compensation into designated bank accounts, compliant with German banking and data protection regulations.

Download

Employee Security Deposit Agreement

A German law-compliant agreement establishing terms for holding and managing an employee's security deposit, including deposit amount, interest, and return conditions.

Download

Agreement For Security Deposit

A German law-compliant agreement establishing terms for rental security deposits, including payment, handling, and return procedures under BGB regulations.

Download

Deposit Agreement Contract

A German law-governed agreement establishing terms for the safekeeping of deposits between a depositary and depositor, regulated under the German Civil Code (BGB).

Download

Cash Deposit Agreement

A German law-governed agreement between a bank and depositor establishing terms for cash deposits, including interest, fees, and regulatory compliance.

Download

6 Month Rent Contract

A German law-compliant residential rental agreement for a fixed 6-month term, establishing key terms and obligations between landlord and tenant.

Download

Refundable Deposit Agreement

A German law-governed agreement establishing terms for holding and refunding a security deposit, in compliance with the BGB (German Civil Code).

Download

Deposit Rental Agreement

A German law-compliant agreement governing rental security deposits, specifying payment, management, and return conditions under BGB regulations.

Download

Non Refundable Deposit Agreement

A German law-governed agreement establishing terms for a non-refundable deposit payment, ensuring compliance with BGB requirements and consumer protection regulations.

Download

Holding Deposit Contract

A German law agreement securing a property transaction through a holding deposit, outlining deposit terms and property reservation conditions.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it