Security Deposit & Refunds: Tenants in Germany

As a tenant in Germany, it is important to organize documents and deadlines for a partial security deposit refund early. This guide explains in clear language which documents you should collect, which deadlines are common and how to properly issue a formal payment request. You will receive practical action steps for everyday situations, guidance on typical landlord deadlines and information on when a payment order or a lawsuit at the local court may be appropriate. The goal is that you, as a tenant, can document your claims transparently and assert them within legally relevant deadlines to prevent unjustified withholdings.

What is a partial security deposit refund?

A partial refund means the landlord returns only part of the deposited security, for example because there are still claims for utility billing or proven damages. Legal foundations regarding the tenancy and the duties of landlords and tenants can be found in the BGB.^[1]

Which documents do tenants need?

• Deposit receipt or proof of payment as evidence of the deposit paid.
• Move-in and move-out handover protocols with meter readings and apartment condition.
• Photos or videos of the apartment condition at the time of move-out.
• Invoices and cost estimates for necessary repairs or final cleaning.
• Correspondence with the landlord, reminders and payment requests.

Deadlines and procedure

For utility billing, deadlines often apply; many landlords take up to six months to review claims and possibly offset them against the deposit. In case of uncertainties, you can set a written deadline for payment and specify time limits. Civil procedural steps such as payment orders or lawsuits are regulated in the ZPO; for small claims the local court (Amtsgericht) is responsible.^[2]

Practical steps to enforce a claim

• Set a clear payment deadline (e.g. 14 days) in a written demand.
• Draft the claim in writing with an itemized list of evidence and send by registered mail or email with delivery confirmation.
• Attach copies of all relevant documents: handover protocol, invoices, photos.
• If no payment occurs, consider a payment order or file a lawsuit at the competent local court.

FAQ

How long can a landlord withhold the deposit?

A landlord may withhold the deposit as long as they review legitimate claims and possibly settle them; a period of up to six months is commonly cited, depending on utility billing and damage assessment.^[1]

What can I do if the landlord refuses a partial refund?

Request the refund in writing with a deadline and list of evidence. If there is no payment, the payment order is a quick option; information about the electronic payment order is available from the Federal Office of Justice.^[4]

Do I need a lawyer for a small deposit claim?

For low-value claims you can file a lawsuit yourself at the local court or initiate a payment order; for complex evidentiary issues or larger amounts, legal advice may be helpful.^[3]

How-To

1. Collect immediately all evidence: deposit proof, handover protocols, photos and invoices.
2. Check deadlines and set a clear payment deadline (e.g. 14 days) in a letter.
3. Send the claim formally (registered mail or email with confirmation) and attach documents.
4. If there is no response, apply for a payment order or file a lawsuit at the local court.
5. Use official information and templates from authorities before initiating court proceedings.

Help and Support / Resources

• BGB in Gesetze im Internet
• Federal Office of Justice - Information
• Federal Court of Justice

1. [1] Gesetze im Internet – BGB
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof
4. [4] Bundesjustizamt