Avoid Deposit Errors for Tenants in Germany
As a tenant in Germany, you often face questions at move-out about the deposit and utility charges: what evidence is needed, which deadlines apply and how to respond to unjustified deductions? This article explains in plain language which documents matter, how to check a deposit account, what forms exist and when filing at the local court may be appropriate. We cite the relevant provisions in the BGB and the rules for operating and heating costs, show practical steps for securing evidence and how to make written claims. The aim is to give you concrete actions and templates so you can enforce your rights in Germany reliably and effectively.
What Tenants Need to Know
The deposit is often disputed at move-out: the Civil Code regulates repayment after the tenancy ends[1]. Important evidence includes handover protocols, photos and deposit account statements. Note deadlines and request documentation in writing.
Keep all rent receipts organized and stored safely.
Securing Evidence at Move-Out
Good evidence prevents many disputes. Create a handover record, photograph damages and document communications by email.
- Evidence: Photos of condition, handover protocol and emails to document the situation.
- Deposit: Keep the deposit account statement and transfer receipts.
- Deadline: Object to accounting changes within applicable time limits.
Detailed documentation increases your chances of success in disputes.
Checking the Utility Statement
Check the statement in line with the Operating Costs Regulation and the Heating Costs Ordinance[2][3]. Request receipts and verify allocation keys and accounting periods.
- Form: Request the complete receipts for the statement from the landlord.
- Payment: Check whether costs are allocated and calculated correctly.
Check deadlines carefully or your claims may expire.
If a Dispute Arises
If no agreement is reached, the local court is usually competent; proceedings follow the Code of Civil Procedure[4]. Gather all evidence and assess the prospects before filing a claim.
The local court handles most landlord-tenant disputes.
FAQ
- How do I get my deposit back?
- Request repayment in writing with a deadline and attach photos, handover protocol and account statements. If refused, you may file a claim at the local court.[1]
- What to do about an incorrect utility statement?
- Request receipts, check allocation according to the Operating Costs Regulation and set out justified objections in writing.[2]
How-To
- Document: Collect photos, handover protocol and account statements.
- Deposit: Check the deposit account and document amounts.
- Form: Send a written request to the landlord and set a clear deadline.
- Court: If necessary, file a claim at the local court and attach all evidence.
Key Takeaways
- Documentation is critical to successful claims.
- Observe legal deadlines and respond promptly.
Help and Support / Resources
- Gesetze im Internet (BGB, BetrKV, HeizKV)
- Federal Ministry of Justice
- Federal Court of Justice (BGH)
