Deposit: Partial Refund for Tenants in Germany
What to prepare
Important documents
- Move-in and move-out protocol (record)
- Payment receipts and rent receipts (receipt)
- Statements from the security deposit account (payment)
- Photos and videos of damage or defects (record)
- Correspondence with the landlord, reminders and offers (form)
Keep copies of all documents in chronological order.
Deadlines and the deposit account
Check which deadlines apply for accounting and objections and have your deposit account ready: the civil law rules on tenant duties and landlord claims are regulated in §§ 535–580a BGB, which is important for classifying partial refunds. Read the legal basis[1]
Respond to letters in time to avoid legal disadvantages.
How to request a partial refund
A clear written claim increases the chances of a quick agreement. Present amounts and evidence clearly and set a concrete deadline.
- Collect and organize evidence (record)
- Write a formal payment request with a deadline (form)
- Attach bank statements and exact amounts (payment)
- If refused, consider filing suit at the local court (court)
Templates for demand letters and sample texts are available from the Federal Ministry of Justice. [2]
Detailed documentation increases your chances in negotiations and in court.
FAQ
- Can the landlord withhold part of the deposit?
- Yes, if legitimate claims exist; relevant rules are found in §§ 535–580a BGB.[1]
- How long can the landlord wait to return the deposit?
- There is no fixed statutory deadline; in practice up to six months for accounting is common, exceptions possible.
- Where do I go if the landlord does not pay?
- Contact the competent local court for tenancy disputes or legal advice centers.[3]
How-To
- Collect all evidence and photos (record)
- Check deadlines and note important dates (deadline)
- Draft a written partial refund demand and set a deadline (form)
- If no agreement is possible, file a suit at the local court (court)
In many cases, a factual written demand resolves the situation without court.
