Adjusting Deposit for Furnished Renters in Germany

As a renter in Germany, the question of if and how the deposit is adjusted for a furnished flat can be particularly complex during ongoing proceedings. This guide explains in clear terms which rights you have as a tenant, which official forms and deadlines apply, and how to secure evidence such as photos or handover protocols. We describe step by step how to request a deposit adjustment, the role of the local court in disputes, and which sections of the BGB are relevant. At the end you will find a practical checklist for ongoing proceedings, sample forms and links to official authorities so you can act quickly and confidently. The guidance is practical, neutral and adapted to current case law in Germany. Use the checklist to meet deadlines and improve your chances of success.

What applies to a furnished flat and the deposit?

For furnished flats, costs for wear or replacement of furnishings can affect the settlement of the deposit. Generally, the BGB regulates the obligations of landlord and tenant, in particular §§ 535 et seq. If in doubt, an early review of the claim by the counterparty or the court is advisable.^[1]

Common reasons for deposit adjustment

• Repair: Damage beyond normal wear (e.g., broken furniture) should be documented and cost estimates obtained.
• Deposit: Deductions from the deposit must be factually justified and evidenced.
• Evidence: Prepare handover protocols, photos and invoices as proof.
• Deadline: Pay attention to deadlines for written requests or court dates.

If the landlord requests changes, ask for a written breakdown of the contested items and submit a statement. Official sample forms such as termination letters or submissions can be found on the Federal Ministry of Justice sites and judicial portals so that your filings meet formal requirements.^[3]

FAQ

Can the landlord increase the deposit for furnishing during an ongoing proceeding?

A unilateral increase of the deposit by the landlord is not simply possible; changes must be legally justified or clarified by a court.

Which forms do I need for a deposit adjustment or lawsuit?

For formal letters to the landlord or the court you should use checked templates and attach evidence; use official templates as a basis.

Where do I turn in case of a dispute about the deposit?

In tenancy disputes, the local court (Amtsgericht) is usually competent in the first instance; higher instances are the regional court and the Federal Court of Justice.

How-To

1. Check deadlines: note all deadlines and set reminders.
2. Gather evidence: assemble photos, handover protocols and invoices.
3. Prepare forms: use official templates and complete them fully.
4. Contact: seek legal advice or tenant counseling if unclear.
5. Court: if necessary, file a suit at the competent local court.

Key Takeaways

• The deposit can only be adjusted with evidence or by court review.
• Documentation such as photos and protocols is crucial to your case.
• Observe all deadlines to avoid losing rights.

Help and Support / Resources

• Gesetze im Internet: BGB and other statutes
• Gesetze im Internet: Code of Civil Procedure (ZPO)
• Federal Ministry of Justice (BMJ): templates and guidance

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesministerium der Justiz (BMJ): templates and information