Adjust Security Deposit for Furnished Rentals in Germany
Many students wonder whether and how the security deposit can be changed when an apartment is furnished and a legal proceeding is underway. As a tenant in Germany, you should know your rights: when an adjustment is possible, which evidence is required, and how to meet deadlines. This text explains in practical terms the steps tenants can take, which forms and courts are relevant, and how to manage the deposit securely. The goal is to give you clear actions so you can reduce financial risks and assert your claims against landlords calmly and legally. I list deadlines, sample forms, and where to find official help. Read on for concrete steps and examples.
Legal basis
The basic duties of landlords and the rights of tenants are set out in the German Civil Code (BGB), particularly the provisions on lease agreements and security deposits.[1] For court procedures and deadlines, the Code of Civil Procedure (ZPO) applies.[2] In disputed legal questions, decisions by the Federal Court of Justice (BGH) can be decisive.[3]
When can the deposit be adjusted?
- In case of significant defects to the apartment that limit usability and affect the safety of furnishings.
- If contractual agreements about furnishing or the deposit amount are demonstrably incorrect or ambiguous.
- By court orders or interim measures during a proceeding.
- When proven unbearable financial hardship for students justifies an out-of-court solution.
Evidence, account and deposit management
Documentation is crucial: photos, handover records, emails and payment receipts help substantiate an adjustment or claim. Keep all records organized and note dates and witnesses.
- Create a handover protocol on move-in and move-out with date and signature.
- Use a separate deposit account (rental deposit account) or document the deposit paid into an escrow account.
- Collect written communication with the landlord, including proposals for an amicable adjustment.
Forms and templates
There is no single nationwide mandatory "deposit adjustment" form, but template letters and termination samples help set out clear claims. Use official templates, for example model letters from the Federal Ministry of Justice as orientation and adapt details to your case.
Courts and procedures
For tenancy disputes, the competent local court (Amtsgericht) is normally the first venue for claims on eviction, rent reduction or deposit repayment. The ZPO regulates procedural matters such as deadlines and service of process.[2]
FAQ
- Can the landlord raise the deposit because of furnishing?
- Not without contractual basis: an increase must be agreed in writing or rest on a clear legal basis.
- What should I do if the landlord withholds money from the deposit despite ongoing proceedings?
- Document the withholding, request written explanation and consider filing a claim or interim relief at the local court.
- Is there a deadline for returning the deposit?
- No, there is no nationwide fixed deadline; however the landlord must act promptly after the tenancy ends and accounting is complete.
How-To
- Gather evidence: assemble photos, handover protocol, payment receipts and communication records.
- Contact the landlord for a preliminary discussion and propose an amicable adjustment.
- If necessary: prepare a template letter (e.g. termination or demand letter) and serve it within deadlines.
- If no resolution: prepare a claim at the local court and submit evidence.
Key takeaways
- Good documentation improves chances in negotiations and court.
- Meet deadlines: missing them can endanger your rights.
- A transparent deposit account protects both tenant and landlord.
Help and Support
- German Civil Code (BGB) §§535–580a
- Code of Civil Procedure (ZPO)
- Federal Ministry of Justice (BMJ)
- Federal Court of Justice (BGH)
