Adjusting Deposit: Partial Refund for Tenants in Germany
As a tenant in Germany, students especially face the question of how to secure a fair partial refund of the security deposit without lengthy litigation. This article explains step by step which documents you should collect, how to submit a written request to the landlord in due time and when it may be necessary to go to the local court. We cite the relevant provisions in the BGB[1], refer to procedural rules of the ZPO[2] and show examples of wording and deadlines. The goal is for you as a tenant to assert your claims clearly, factually and practically — with specific tips for students who often need a prompt partial refund shortly after moving out.
How tenants can request a partial refund
Start with a factual request to the landlord: state the exact refund amount, explain any deductions (if applicable) and set a clear deadline. A brief written demand helps avoid misunderstandings. Provide bank details for the transfer and request confirmation of receipt.
What documents do you need?
- Photos of the condition at move-out (photos, date, short description).
- Proofs of payments (deposit account, transfers, receipts).
- Correspondence with the landlord (emails, letters, handover protocol).
If the rental contract contains a written agreement on the deposit account, check whether the money is held separately on a deposit account. Note timelines and dates such as the handover date and the deadline for final accounting.
If negotiations fail
If the landlord insists on deductions you consider unjustified, the next step is a formal reminder or lawsuit at the competent local court (Amtsgericht) — tenancy disputes typically start there. Proceedings follow the rules of the ZPO[2]. In many cases, a short written complaint is sufficient; the local court will examine claims and evidence.
FAQ
- When can I demand a partial refund of the deposit?
- You can generally demand repayment once final accounts are available and no justified claims remain; often after the handover and inspection for damages.
- What deadline should I set?
- A common deadline is 14 to 30 days after the demand; specify a concrete date and warn of court action if payment is not made.
- Do I need a lawyer for court?
- At the local court you can often sue on your own; for complex cases legal advice is advisable but not always required.
How-To
- First check the rental contract and note all relevant deposit account data and the handover date.
- Document the apartment condition with photos and witnesses, and collect payment receipts.
- Send a formal demand to the landlord stating the amount and set a 14–30 day deadline.
- If no agreement is reached, prepare documents for a claim at the local court (evidence, handover protocol, proof of deadline).
Help and Support
- [1] Civil Code (BGB) — Landlord obligations (§535)
- [2] Code of Civil Procedure (ZPO) — Rules on court proceedings
- [3] Federal Court of Justice (BGH) — Publications and decisions on tenancy law
