Deposit Return: Partial Refund for Tenants in Germany

Tenants in Germany often wonder how to secure a partial refund of their security deposit efficiently and lawfully. This article explains in plain terms when partial amounts can be returned, which documents to collect and which deadlines to observe. It outlines concrete steps from documentation through a formal demand to court enforcement, cites relevant laws and points to official sources for statutes and court rulings in Germany.^[1]

What is a partial refund of the deposit?

A partial refund means the landlord returns part of the held deposit, for example when repair costs are lower than expected or service charge claims remain outstanding. The basic rules of tenancy law are found in the German Civil Code (BGB).^[1]

When can tenants request a partial refund?

• On move-out: when it is clear only part of the deposit is needed for damages or outstanding charges (deposit).
• With clear billing: when statements or estimates show lower amounts (document).
• If deadlines expire: for example if the service charge accounting period has passed (deadline).

Check the service charge statement and request a detailed breakdown before accepting any deductions. Keep photos, handover records and emails as evidence.

How to request a partial refund lawfully

1. Collect evidence: photos, reports, service charge statements and payment receipts (document).
2. Write a formal demand: set a deadline, state the amount and explain how to transfer the refund (form).
3. Contact your landlord personally and by email; document all contacts (contact).
4. If necessary: enforce the claim in court at the local court; inform yourself about procedures and deadlines (court).

Forms and templates (official guidance)

Using standard wording is sensible: a formal demand for repayment with a deadline is usually sufficient. Official guidance and form collections are available from the Federal Ministry of Justice and legal portals.^[3]

FAQ

How long may a landlord withhold the deposit?

There is no fixed nationwide withholding period, but outstanding claims (e.g. service charges) must be reviewed within a reasonable time; the legal basis is in the BGB.^[1]

Can tenants request a partial payment before all bills are settled?

Yes, if a portion is clearly not required and you can prove it, you may request a partial refund.

What if the landlord does not pay?

First send a written reminder with a deadline; if payment still fails, you can file a claim at the local court.

How-To

1. Gather documents: collect all evidence and prepare a handover record (document).
2. Write a demand: set a 14-day deadline and send by registered mail (form).
3. Document contacts: keep records of phone calls and responses (contact).
4. Enforce in court: file a payment claim at the competent local court if necessary (court).

Help and Support / Resources

• Gesetze im Internet: German Civil Code (BGB)
• Federal Court of Justice (BGH) – rulings
• Federal Ministry of Justice – service and forms

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Bundesgerichtshof – Entscheidungen und Hinweise
3. [3] Bundesministerium der Justiz – Service und Formulare