Security Deposit Statements for Tenants in Germany

As a tenant in Germany, it is important to carefully check the security deposit statement so that wrongfully withheld amounts can be reclaimed. Often receipts are missing, costs are double-charged, or deadlines are not met. This guide explains step by step how to request receipts, check deductions, and formally object. I cite the relevant sections of the BGB, show which courts are responsible, and explain official forms and template texts that tenants can use. With practical checklists you will learn to meet deadlines, secure photos and invoices as evidence, and document communication with the landlord factually to resolve disputes sustainably.

Why check the deposit statement?

The landlord may only use the deposit for legitimate claims. Check whether deductions are properly evidenced and whether invoices match the rental period. The rules in the BGB are relevant, especially concerning repayment and set-off^[1].

Verification steps

1. Collect all receipts and photos as evidence, for example invoices and handover records.
2. Compare the requested deductions with the actual deposit and check for double payments.
3. Observe deadlines (within): request the full statement in writing within the usual period.
4. Request missing invoices or cost estimates in writing and document the request.
5. If the landlord does not respond, consider next steps before the local court or regional court and possible lawsuits.

Forms, deadlines and courts

Use official template texts for objections and reminders; the Federal Ministry of Justice provides sample forms that can serve as templates^[2]. Local courts (Amtsgericht) handle tenancy disputes in the first instance, regional courts (Landgericht) handle appeals, and important rulings are published by the Federal Court of Justice (BGH)^[3].

Common errors in deposit statements

• Deductions without evidence: landlord lists an amount without an invoice or incomplete invoice.
• Missing documentation: damages not evidenced by photos or no handover record available.
• Missed deadlines: written requests or objections are filed too late.

FAQ

When must the landlord return the deposit?

The landlord must return the deposit after termination of the tenancy and review of outstanding claims in a timely manner; concrete deadlines are not uniformly regulated nationally but are often considered "reasonable".

What receipts may the landlord cite?

Only concrete invoices, receipts or proofs of repair costs and outstanding utility charges can be claimed as deductions.

What to do if the landlord does not respond?

Send a formal reminder with a deadline and, if necessary, announce legal steps; use template texts as a model.

How-To

1. Step 1: Request the full deposit statement and all associated invoices in writing.
2. Step 2: Present evidence, photograph damages and organize documents chronologically.
3. Step 3: Check the calculation, mark unclear items and request an explanation.
4. Step 4: Give the landlord a clear deadline (within) to provide missing documents.
5. Step 5: If the landlord does not respond, prepare a lawsuit at the competent local court.

Key takeaways

• Check each item of the statement carefully and request receipts.
• Documentation with photos and invoices strengthens your position.
• Keep to deadlines and respond in writing.

Help & Support

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Federal Ministry of Justice - Forms and templates
• Federal Court of Justice - tenancy law decisions

1. [1] Gesetze im Internet - BGB §§ 535–580a
2. [2] Bundesministerium der Justiz - Formulare und Muster
3. [3] Bundesgerichtshof - Mietrechtliche Entscheidungen