Deposit Partial Refund: Templates for Tenants in Germany
As a tenant in Germany you often face questions about the refund of the security deposit. If the landlord returns only part of the deposit, you need clear evidence to review deductions and, if necessary, demand further payment. This guide shows in practical terms which documents are important, how to document a partial refund, which deadlines apply and which legal bases exist in the BGB[1]. You will receive template wordings, tips for managing receipts and indications of when an application to the local court may be useful. At the end you will find an FAQ, a step-by-step guide and official links to legal texts and courts.
When is a partial refund possible?
A partial refund typically occurs when the landlord offsets legitimate claims against the deposit, for example due to outstanding rent, damage or additional operating costs. Check in writing which positions the landlord names and request supporting documents. In many cases: without a comprehensible invoice or cost estimate, a deduction is hard to justify.
- Outstanding rent or additional payments
- Repairs or remediation with invoices
- Missing handover protocols or proof of proper handover
Which documents are important?
Collect all documents systematically: contractor invoices, payment receipts, photos of the damage and the handover protocol. Make sure date, amount, service and sender are clearly readable. Without these proofs you can question the lawfulness of deductions.
- Contractor invoices with service description
- Receipts or bank transfer confirmations
- Photos before and after the repair
- Handover protocol at move-out
Template: Request partial refund
Write politely but firmly and attach copies of all documents. State the exact amount in dispute, justify any objections and set a deadline for correction or repayment. Point out that if there is no response you will consider legal steps, such as a payment order or lawsuit at the local court[2].
Example (short):
Dear Mr./Ms. [Name],
I have received your statement dated [date]. Please send me the original supporting documents for the items you deducted by [date]. I request review of the following deductions: [items]. If the documents are not provided, I reserve the right to have the refund legally reviewed.
When are official forms useful?
If the landlord does not respond, two forms/procedures are relevant: the payment order (Mahnbescheid) and the lawsuit at the local court (complaint form). A payment order can quickly enforce claims if the amount is undisputed; otherwise a judicial clarification follows. The local court is responsible for many rental disputes; in higher instances the BGH decides on fundamental questions[2][3].
FAQ
- How quickly must the landlord return the deposit?
- The law does not set a fixed deadline, but up to six months is common due to accounting and verification; specific cases depend on the circumstances.
- Can the landlord withhold a flat cleaning fee?
- Flat rates are only permissible if they are clearly agreed in the lease and reasonable; otherwise itemized invoices are required.
- What do I do if documents are missing?
- Request the documents in writing, document your request and consider a payment order or lawsuit at the local court.
How-To
- Collect all available documents and make a list of disputed items.
- Write a formal letter with a deadline and attach copies.
- Contact the landlord and document phone calls in writing.
- If there is no response, file a payment order or prepare the lawsuit.
- Submit documents to the competent local court and refer to your evidence.
Key Takeaways
- Evidence is the most important key to enforcing your tenant claims.
- Informal requests help, but legal steps are possible if there is no response.
