Avoid Security Deposit Errors – Tenants in Germany

As a tenant in Germany, a correct security deposit accounting is crucial for your finances and legal certainty. Many tenants experience landlords listing items unclearly, missing deadlines, or withholding refunds without evidence. This article shows practical ways to systematically collect receipts, observe deadlines and request a transparent statement. Step by step I explain which documents are important, how to archive photos and proof of payment, and which evidences carry weight in court. The goal is that you are prepared in a deposit dispute, can prove your claims and know the correct procedures to avoid unnecessary mistakes. I list practical forms, deadlines and official contacts in Germany so you know when legal action, a payment order, or an amicable solution is appropriate.

What is a security deposit accounting?

The security deposit accounting records all amounts retained from the deposit after the tenancy ends. It must transparently itemize why part of the deposit was retained, which amounts were allocated to operating costs or repairs, and which receipts serve as proof ^[1].

Common mistakes and how to avoid them

• Unclear items in the statement without invoice receipts, leaving deductions unsupported.
• Missing or incomplete receipts: no photos, no proof of payment, or no contractor invoices.
• Deadlines not observed: claims or refunds are demanded too late or left unanswered.
• Formal errors in the demand letter, e.g. no specific deadline or no information about remedies.
• Only verbal communication instead of written, resulting in a lack of reliable evidence.

How to structure evidence correctly

A simple folder structure is enough: payments, handover reports, photos before and after moving out, contractor invoices and correspondence. Create digital copies and name files with date and content so proofs are quickly available.

• Photos with date: document condition at move-out and any defects.
• Proofs of payment: bank statements, transfer receipts and deposit receipts.
• Invoices and estimates: contractor invoices with descriptions of services.
• Note deadlines: date of accounting and customary review periods.
• Secure correspondence: emails, registered mail receipts and confirmations.

FAQ

How quickly must the landlord account for the deposit?

There is no fixed statutory deadline, but in practice a reasonable review period applies; often six months after the tenancy ends is used as a guideline [1].

Which receipts may the landlord retain?

The landlord may only deduct actually incurred and provable costs, e.g. for repairs with invoices or outstanding operating costs, but not hypothetical deductions without proof [1].

What can I do if I receive no accounting or refund?

Send a demand with a deadline, document the dispatch, and then consider a payment order or lawsuit; obtain legal advice if necessary [2].

How-To

1. Collect all receipts, photos and the handover protocol immediately upon moving out.
2. Note deadlines: request a written accounting within a reasonable period (e.g. 30 days).
3. If there is no response, send registered mail with a deadline and a concrete claim.
4. If no agreement is possible, initiate a payment order or file a lawsuit at the competent local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§535–580a — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Bundesgerichtshof (BGH) — Decisions and information

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — Decisions and information