Complete Deposit Statement for Tenants in Germany

As a tenant in Germany it is important to check the deposit statement thoroughly after moving out. Many disputes arise because evidence is missing or deadlines are overlooked. This guide explains which documents you should collect — such as handover protocols, repair invoices, photos and bank statements — and how you can plausibly claim refunds. You will learn which deadlines apply, when additional cost evidence is required and which rules in the BGB apply ^[1]. At the end you will find practical sample notes for letters to the landlord and how to enforce your claims at the local court ^[2].

What belongs in a complete deposit statement?

A complete statement shows the origin of the deposit, account management, interest, deductions with evidence and the calculation of the refund. Pay attention to traceable items and date-based evidence.

• Handover protocol with meter readings, defects and signatures.
• Proof of the paid deposit and bank statements.
• Invoices for repairs or cleaning with detailed service descriptions.
• Repair receipts with date and contractor details for workmanship.
• Photos or videos documenting the condition at move-out.

Without clear evidence the landlord may not make flat-rate deductions; each item must be supported. Request missing evidence in writing and set a reasonable deadline.

How long does the landlord have?

There is no uniform nationwide deadline for the final statement, but three to six months are common depending on complexity (utility cost settlements may differ). Note the date of the refund or settlement letter and act within the specified deadlines.

What if evidence is missing?

If the landlord asserts items without evidence, request submission in writing and justify your objections. If the landlord does not respond or the statement remains incomplete, you can seek payment through the courts.

FAQ

What evidence can I request?

You can request bank statements, invoices, contractor receipts and the handover protocol; lump-sum claims must be itemized.

What role does the handover protocol play?

The handover protocol is a central piece of evidence for condition and defects at handover; without it proving deductions is more difficult.

When can I involve the local court?

If the landlord does not pay or cannot prove deductions, you can file a claim at the local court; this is the usual legal path for tenancy disputes ^[2].

How-To

1. Check deadlines: Set a deadline of 14 to 30 days for submission of missing evidence.
2. Collect evidence: Compile photos, invoices, bank statements and the handover protocol.
3. Letter to the landlord: Request refund or documentation in writing, with a deadline if necessary.
4. If no response: Prepare and file a claim at the competent local court.

Key Takeaways

• Evidence is key: No deductions without proof.
• Observe deadlines: Act within the specified timeframes.
• Use written communication: Document every exchange in writing.

Help and Support

• BGB §§535–580a: Tenancy law and landlord obligations
• Federal Court of Justice (BGH): Case law on tenancy
• Federal Ministry of Justice: Sample forms and guidance

1. [1] German Civil Code (BGB) §§535–580a
2. [2] Federal Court of Justice (BGH) - Jurisdiction and decisions
3. [3] Federal Ministry of Justice - Sample forms and guidance