Deposit accounting for tenants in Germany
Many tenants in Germany face unclear deposit statements after moving out. This article explains how you as a tenant can systematically collect receipts, request them within deadlines and thus limit an excessive withholding of the deposit. We show simple steps which documents are important, how to formally request evidence and which deadlines apply. The guidance is based on the relevant rules in the BGB and on court jurisdictions so that you can enforce your rights more securely.[1] At the end you will find a practical step‑by‑step guide, frequently asked questions and official sources for forms and court information. The aim is to promote transparent statements and avoid unnecessary withholdings.
Why receipts matter
Receipts show exactly what money was spent on: repair invoices, professional cleaning or damages. Without concrete documentation, the landlord may withhold amounts in a lump sum. With complete evidence, tenants can better review the legitimacy of individual deductions and, if necessary, claim them back.
What tenants should document
- Receipts and invoices for repairs and cleaning.
- Photos before and after the handover, note date and time.
- Correspondence with the landlord by e‑mail or registered mail.
- Bank statement showing the deposit payment and the deposit account.
- Handover protocol with meter readings and signatures.
Forms, templates and practical examples
There is no uniform mandatory form for deposit statements, but there are statutory rules in the BGB that determine which claims exist and how costs should be reviewed. For formal letters you can use templates or write an informal letter requesting evidence and setting a deadline. Official legal texts help to understand the legal situation, for example the BGB.[1]
Sample wording: "Please provide all invoices and evidence supporting the deduction of X euros within 14 days." Use registered mail or email with read receipt to demonstrate delivery.
Deadlines and jurisdictions
Set a clear deadline (e.g., 14 days) for providing the receipts. If there is no response, send another written request indicating possible legal steps. Rental disputes are usually heard first at the local Amtsgericht; appeals go to the Landgericht and the Federal Court of Justice (BGH).[2]
When to involve the court?
If the landlord does not provide receipts or cannot justify deductions, filing a lawsuit at the competent Amtsgericht may be necessary. Before suing, issuing a final deadline and documenting all evidence is often worthwhile.
Anleitung
- Request receipts in writing and set a deadline (e.g., 14 days).
- Collect and organize all available receipts, photos and payment proofs.
- If there is no response: send registered mail with a final deadline and a warning about legal action.
- If unresolved, prepare a lawsuit at the competent Amtsgericht and attach all evidence.
FAQ
- What can the landlord withhold from the deposit?
- The landlord may withhold amounts that result from proven damages or outstanding ancillary costs. Lump-sum or unjustified deductions should be contested with evidence.
- How long does the landlord have to provide an accounting?
- There is no fixed federal deadline for every deposit accounting, but landlords should account promptly; for utility bills a 12-month period often applies and can serve as guidance.
- Where can I turn if the landlord does not provide receipts?
- First contact the Amtsgericht for advice on tenancy law or use official information pages on tenancy law and forms before considering legal action.[2]
Help and Support / Resources
- Gesetze im Internet – BGB
- Bundesgerichtshof (BGH)
- Bundesministerium der Justiz and Consumer Protection