Tenant Partial Deposit Claim in Germany

If you, as a tenant in Germany, receive only a partial security deposit back, it often means a dispute over deductible costs. This article explains which receipts you should collect, which deadlines apply, and how to submit a secure, documented claim. We cover typical deductions such as outstanding utility charges, repairs and final cleaning, and provide a sample letter plus practical tips for correspondence with the landlord. If an agreement fails, I describe the steps up to filing a claim at the local court and which official forms you can use. Read on to assert your rights as a tenant in Germany clearly and reliably.

Which claims exist for partial refunds?

Basically, tenants are entitled to the return of the deposit insofar as the landlord does not assert legitimate claims for unpaid rent, utility billing, or damages. The legal rules are found in the Civil Code (BGB), in particular provisions on rental agreements and securities. In court proceedings, the rules of the Code of Civil Procedure (ZPO) apply to lawsuits and payment order proceedings.^{[1] [2]}

Which receipts should tenants collect?

• Personal records such as photos, handover protocol and inventory list (documents)
• Invoices from craftsmen or final cleaning (receipt)
• Bank statements and proof of payments for the deposit and rent (payment)
• Correspondence with the landlord: emails, letters, reminders (form)

How do I reconcile deductions concretely?

Landlords must justify deductions. Typical items are outstanding utility bills or actual repair costs. Flat-rate or speculative deductions without invoices are not permissible. Request the underlying invoices and check whether repair costs exceed normal wear and tear.

Sample letter: demand partial refund

If you demand a partial refund, send a formal letter listing examined receipts and a clear payment demand by a date. Name the receipts and attach copies. Example: "I demand repayment of X euros by 30.06.XXXX. I attach copies of invoices and the handover protocol as evidence."

What if the landlord does not respond or refuses?

If the landlord is inactive or disputes your claim, you can initiate a payment order or file a claim at the competent local court. Beforehand, a final payment deadline and threat of court action is advisable. The local court usually decides rental disputes in first instance.^[3]

How-To

1. Gather all receipts (documents): handover protocol, photos, invoices.
2. Send a formal demand letter with a deadline (form) and attach copies.
3. Contact the landlord by phone and by letter to document communication (call).
4. If the landlord does not respond, request a payment order or file a claim at the local court (court).

FAQ

How long may the landlord withhold the deposit?

The landlord may only retain the deposit as long as necessary to examine legitimate claims. In practice, refunds usually occur within six months after the tenancy ends, depending on billing.

What deadline should I set in the demand letter?

Set a reasonable deadline of about 14 to 30 days and state that you will consider court action afterwards.

Can the landlord deduct unverified estimates?

No. Without concrete invoices or evidence, estimates are generally unenforceable. Demand documentation.

Help and Support / Resources

• BGB: Tenancy provisions (§§ 535–580a)
• ZPO: Rules for civil procedure
• Federal Court (BGH) – case law on tenancy

1. [1] Civil Code (BGB) §§ 535–580a
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH)