Security Deposit Claims in Germany for Tenants

Legal framework

The security deposit is regulated in §551 BGB; it secures the landlord's claims arising from the tenancy^[1]. For tenants this means: the deposit may only be used for justified claims. For partial refunds, tenants must prove which deductions are unlawful and respect deadlines. Jurisdiction for disputes usually starts with the local Amtsgericht, then Landgericht and possibly the Federal Court of Justice (BGH)^[2][3].

Steps to claim a partial refund

1. Collect receipts (Belege): bank statements, invoices, handover reports and photos.
2. Check invoices: amounts, dates and services to spot unjustified deductions.
3. Observe deadlines: send a written request to the landlord within a reasonable time.
4. Use forms: prepare a template letter or the court claim form if no agreement is reached.
5. Check jurisdiction: if necessary, file a claim at the competent local court.

Example: You claim 300 EUR back because the landlord deducted 500 EUR for repairs, but you have bills totalling 250 EUR. Include both in your letter and demand a response within 30 days.

Forms and templates

Important official forms include the general civil claim form and a sample demand letter to the landlord. Use a dated, clear letter listing the claim, attached evidence and a deadline. If litigation is required, use the claim form applicable at the local court and ask the court for the correct submission procedure.

FAQ

When can I claim part of the deposit?

When you can prove that the landlord's deductions are not or only partly justified, you can claim the corresponding amount back with receipts.

Which receipts suffice?

Bank statements, invoices, receipts, photos of the handover condition and the handover protocol are the key proofs.

How long do I have?

There is no uniform time limit for claiming a refund, but act promptly and give the landlord a written deadline (for example, 30 days) to respond.

How-To

1. Collect all receipts and organize them by date and topic.
2. Draft a demand letter listing the receipts and the exact refund amount requested.
3. Set a reasonable deadline (e.g. 30 days) for repayment and state next steps.
4. If the landlord does not respond, file a claim at the competent local court and attach the evidence.

Help and Support

• §551 BGB at gesetze-im-internet.de
• Information on courts at justiz.de
• BGH – Bundesgerichtshof

1. [1] §551 BGB at gesetze-im-internet.de
2. [2] Information on courts at justiz.de
3. [3] Federal Court of Justice – bundesgerichtshof.de