Adjusting Security Deposit for Furnished Rentals in Germany
As a tenant in Germany, you may wonder if and how the security deposit can be adjusted when the apartment is furnished and an ongoing proceeding exists. This text explains in plain language which rights and obligations apply in such cases, which proofs are useful and which deadlines you must observe. You will learn specifically how furniture valuations, usage agreements and court proceedings can affect the amount or repayment of the deposit. The aim is to show you practical steps — from documentation and communication with the landlord to going to the local court — so you can make informed decisions and protect your rights as a tenant. If needed, we also list official forms and courts responsible for proceedings.
What does adjusting the security deposit mean?
Adjusting the security deposit can mean the landlord demands a higher sum or makes certain deductions on repayment, for example for damage or for paid provision of furniture. Whether this is legally permissible depends on the contract, proof and statutory rules. Relevant provisions are found in the German Civil Code (BGB)[1].
Key factors
- Documentation (evidence): Collect photos, handover records and receipts that prove the condition and scope of furnishing.
- Deposit amount (deposit): Check the sum agreed in the contract and whether additional charges for furniture are specified.
- Agreements (form): Pay attention to written side agreements about furnishing in the rental contract.
- Proceedings (court): In disputes the local court (Amtsgericht) may decide; appeals may reach the Federal Court of Justice (BGH).[2]
Practical steps for tenants
Follow a clear sequence to strengthen your position and meet deadlines.
- Gather documents (evidence): Provide photos, handover protocol, inventory list and receipts.
- Inform landlord in writing (form): Request a written breakdown of deposit use and respect response deadlines.
- Clarify furniture valuation (deposit): If furniture was charged separately, request a comprehensible valuation.
- Consider legal action (court): If no agreement is possible, prepare to file a claim at the local court; collect all evidence for the complaint.
Relevant forms and examples
The following official templates can be relevant for tenants:
- Termination letter template from the Federal Ministry of Justice (form): Use the template if you must terminate for significant reasons; example: termination due to removal of furnishing obligation with a deadline.[3]
- Complaint to the local court (court): File a claim for repayment of the deposit or eviction at the competent Amtsgericht; attach documentation and a statement of claims.
FAQ
- Can the security deposit be increased because of furnishing?
- A retroactive increase is only permissible if contractually agreed or justified by law; unilateral increases without basis can be challenged.
- What do I do if a proceeding over the deposit is ongoing?
- Gather evidence, respond to deadlines, compile proof and consider legal assistance or filing a counterclaim at the local court.
How-To
- Gather documents (evidence): Create a digital dossier with photos, inventory and receipts.
- Send a written request to the landlord (form): Ask for a breakdown and proof of claims within a set deadline.
- Check valuations (deposit): Have unclear furniture charges justified or appraised.
- Consider filing a claim (court): File at the competent local court if no resolution is reached.
Help and Support
- Local Amtsgericht (court) for tenant dispute cases.
- Federal Ministry of Justice (form) for templates and information.
- Gesetze im Internet (evidence) for full texts of the German Civil Code (BGB).
