Security Deposit Accounting: Tenants in Germany

As a tenant in Germany, the security deposit accounting is a common source of disputes. This guide explains clearly how to check the accounting, which deadlines apply and how to request the refund of the deposit without immediately escalating into a conflict. I describe which documents you should collect, how to check legitimate deductions and which official forms and courts are relevant in rental disputes. I provide practical wording, examples for deadlines and rules for communication with the landlord. The goal is that you better understand your rights under the BGB^[1] and achieve an orderly accounting in simple steps. I also explain how to document defects, meet deadlines and, if necessary, seek help from the local court or tenant advice.

What is a security deposit accounting?

The security deposit accounting shows whether and to what extent the landlord asserts claims against the deposit after moving out. Typical items are outstanding utility charges, calculated repair costs and possibly interest. Check whether claims are specifically substantiated and whether deductions are calculated transparently.

Key steps to check

• Gather documents: tenancy agreement, receipts, photos (evidence).
• Check deadlines: claims, accounting period and statutory deadlines (deadline).
• Verify deductions: utility costs, repair costs and interest calculations (deposit).
• Document defects: photos, written defect notices and cost estimates (repair).
• Request in writing: demand refund and set a deadline, preferably by registered mail (notice).
• Consider court action: local court or mediation as next steps (court).

Forms and templates

There is no nationwide mandatory form, but official sample letters and guidance are helpful. Use official templates and information from ministries or courts before you send a written demand.^[3]

What to do if the landlord does not pay?

If the landlord does not respond, you can set a final deadline and then consider filing a lawsuit at the local court. Inform yourself about the ZPO and bring all documents to the hearing.^[2]

FAQ

How long does the landlord have to settle the account?

There is no statutory deadline for full repayment, but usual periods range from six months up to a year depending on the individual case.

Which deductions are permitted?

Permitted deductions typically include outstanding utility charges, justified repair costs and any claims that can be evidenced.

What can I do if I disagree with the accounting?

Set a deadline for correction, offer mediation or, if necessary, file a lawsuit at the local court.

How-To

1. Collect all receipts, photos and the tenancy agreement (evidence).
2. Check deadlines and set a written payment deadline (deadline).
3. Calculate permissible deductions and demand the remaining payment (deposit).
4. Send a formal refund request by registered mail (notice).
5. If necessary, file a lawsuit at the local court and present all evidence (court).

Key Takeaways

• Documentation increases the chances of full refund.
• Observe deadlines to avoid difficulties asserting claims.
• Send written requests with proof of delivery.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
• Bundesgerichtshof (BGH) – case law on tenancy law
• Federal Ministry of Justice and Consumer Protection (BMJV)

1. [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
2. [2] Zivilprozessordnung (ZPO) – proceedings and claims
3. [3] Federal Ministry of Justice and Consumer Protection – forms and guidance