Deposit Repayment: 5 Steps for Tenants in Germany

As a tenant in Germany you may sometimes find that the landlord does not return the full deposit or only refunds a part. This practical guide shows in five clear steps how to document claims, check deadlines and collect legally reliable evidence to enforce a partial repayment without lengthy disputes. I explain in plain language which forms and proofs are useful, how to correctly use sample letters and when filing a claim at the local court makes sense. The goal is to enable you to act: simple steps, concrete template texts and references to official court and legal sources in Germany help you enforce your rights and avoid unnecessary costs. Read the examples and check deadlines immediately.

Why check a partial repayment?

Not every deduction by the landlord is automatically justified. The legal foundations for the tenancy and landlord duties can be found in the German Civil Code (BGB)^[1], in particular §§ 535–580a, and the procedural rules for filing claims at the local court in the Code of Civil Procedure (ZPO)^[2].

5 steps to partial repayment

1. Gather photos, invoices, handover protocols and all receipts as evidence.
2. Calculate the claimed costs practically: check each item and recalculate where necessary.
3. Check deadlines: claims should be asserted within billing and limitation periods.
4. Use a sample letter to demand repayment; for templates and forms see official sources^[4].
5. If the landlord does not respond, consider court action at the competent local court and the application of the ZPO^[2][3].

Practical example: calculation method

Suppose the deposit was EUR 1,200 and the landlord deducts EUR 350 for repairs. Request exact invoices and check whether the work was agreed and necessary. If only one item is disputed, request partial repayment for the undisputed remainder and document the disputed item separately.

What to do if the landlord does not respond?

First send a formal reminder letter with a deadline and copies of the evidence; remain factual. If there is no answer, the next step is to file a written claim at the local court under the rules of the ZPO^[2]. Consider a final demand with a concrete payment deadline and notice of court action beforehand.

Frequently Asked Questions

When can the landlord retain part of the deposit?

A retention is possible if demonstrable damage or outstanding utility charges exist; blanket reductions without evidence are not permitted.

What evidence helps the tenant?

Photos, handover protocols, repair invoices, witness statements and correspondence are particularly helpful.

How long do I have to assert claims?

Limitation and accounting deadlines can vary; check deadlines early and act promptly.

How-To

1. Collect evidence: photos, invoices, protocols.
2. Itemise costs: demand undisputed amounts immediately.
3. Send a sample letter: set a deadline and request payment.
4. Observe deadlines: insist on response or payment within the set term.
5. If necessary file a claim: choose the local court and follow ZPO rules.

Help and Support / Resources

• Forms and template texts - Federal Ministry of Justice
• BGB and ZPO - Gesetze im Internet
• Federal Court of Justice (BGH) - Decisions

1. [1] German Civil Code (BGB) - Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) - Gesetze im Internet
3. [3] Local court jurisdiction and procedures - justiz.de
4. [4] Sample letters and forms - Federal Ministry of Justice