Deposit accounting: Tenants' rights in Germany

Many tenants in Germany wonder how landlords account for the deposit and whether a partial refund after moving out is justified. This text explains in plain language which rights and deadlines apply to tenants, which receipts you can request and how to proceed formally if repayment is delayed or reduced. We show which sections of the BGB are relevant, which official forms and proofs are useful, and when a trip to the local court (Amtsgericht) may be necessary. You will find practical steps on how to document claims, set deadlines and which authorities or courts can help in a dispute. It is especially important to check utility statements and deductions for arrears; notes on a separate deposit account and on BGH rulings facilitate decisions. At the end you will find concrete sample forms and a step-by-step guide to claim a partial refund.

What applies to partial refund of the deposit?

Landlords may use the deposit to secure claims, such as unpaid rent or proven damages. Tenants should request a detailed accounting and check whether deductions are comprehensible. Legal bases can be found in the BGB^[1] and in the ZPO if a court proceeding ensues. In practice, deadlines, evidence of incurred costs and a separate deposit account are often decisive for the success of a claim.

Practical steps for tenants

• Set deadlines: Request repayment from the landlord in writing within six weeks.
• Prepare documents: Handover protocol, photos of the condition, bank statement as proof of payment.
• Check utilities: Deductions are only permissible for actually incurred additional charges.
• Deposit account: Request proof of the deposit account and check the bank statement.

Evidence and deductions

Evidence includes handover protocols, photos, invoices and bank statements. Flat-rate deductions without detailed invoices are often not permissible; courts have repeatedly emphasized that landlords must provide concrete evidence for damages and costs^[3].

If the landlord does not pay: routes to the court

First send a formal deadline and, if necessary, a reminder. If payment does not occur, the local court (Amtsgericht) is responsible; procedural rules can be found in the ZPO^[2]. Before filing a lawsuit, examine the cost risks, possible settlement offers and the prospects of success based on the submitted evidence.

FAQ

When can I request a partial refund of the deposit?

If the landlord acknowledges credit after accounting or only withholds part of it; request in writing and state the evidence.

How long can the landlord retain the deposit?

Generally until the accounting of additional charges; there is no blanket deadline, but six months until final accounting is common.

Which documents should I provide?

Handover protocol, photos, bank statements and utility bill; copies suffice, keep originals.

How-To

1. Set a deadline: Request repayment in writing within a reasonable period.
2. Collect evidence: Gather handover protocol, photos, bank statements and invoices.
3. Form/letter: Send a template letter; registered mail with return receipt is recommended.
4. Court: If payment is missing, consider filing a claim at the local court (Amtsgericht).

Help and Support

• BGB §535 – Rental obligations
• ZPO – Code of Civil Procedure
• Federal Court of Justice – Decisions

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1. [1] BGB §535 – Content and obligations of the rental contract
2. [2] ZPO – Code of Civil Procedure
3. [3] Federal Court of Justice – Decisions in tenancy law