Security Deposit: Limit Withholding for Tenants in Germany

Many tenants in Germany worry that their landlord will withhold the security deposit unlawfully. This checklist explains clearly and practically which rights you have as a tenant, which deadlines apply and how to gather evidence to limit withholdings. I describe concrete steps: document condition, send written requests, demand a detailed accounting and — if necessary — prepare a lawsuit at the local court. The guidance refers to relevant sections of the BGB and to the correct places for forms and court procedures. You will receive template texts and tips on how to avoid or manage disputes without overloading legal terminology. If possible, seek free advice early.

What tenants can do

If you fear the landlord will unreasonably withhold the deposit, a structured approach helps. Start with complete documentation and request a written accounting. Include deadlines and use the opportunity to assert your claims under the applicable provisions of the BGB.^[1]

Practical steps

• Photograph all damage and keep the handover protocol.
• Keep receipts for rent and utility payments, including bank statements.
• Request a written, itemized accounting of the deposit and ask for individual line items.
• Set a clear deadline for repayment (e.g. 14 days) and document the date of delivery.
• Seek legal advice or tenant counseling before taking formal steps.
• If necessary, prepare a lawsuit at the competent local court; observe the procedural rules of the ZPO.^[2]

If the landlord does not respond or the accounting is incomplete, send a formal letter with a deadline and a clear demand. Keep a copy and proof of delivery.

Frequently Asked Questions

How long may the landlord withhold the deposit?

The landlord may withhold the deposit only as long as justified claims exist due to damages or outstanding utility charges; exact deadlines depend on accounting practice and case specifics.

Do I have to report damages immediately to protect my rights?

Yes. Report visible damages promptly and document them with photos; this helps distinguish normal wear from damage liable for compensation.

What if the landlord does not provide an accounting?

Request a written accounting with a deadline. If there is no response, you can proceed legally and demand the accounting at the local court.^[3]

How-To

1. Document: Photograph the apartment at move-in and move-out and scan handover protocols.
2. Written demand: Send an informal letter with a deadline for repayment and request for accounting.
3. Collect receipts: Attach payment receipts and cost evidence that support your claim.
4. Court action: If refusal continues, file a lawsuit at the local court; refer to the relevant BGB sections and ZPO rules.^[2]

Help and Support

• BGB §§ 535–580a — Gesetze im Internet
• ZPO — Civil Procedure Code on Gesetze im Internet
• Federal Court of Justice — decisions and information

1. [1] § 535–580a BGB — Gesetze im Internet
2. [2] ZPO — Zivilprozessordnung on Gesetze im Internet
3. [3] Federal Court of Justice — decisions and information