Limit Deposit Withholding – Tenants in Germany

As a tenant in Germany, it can be frustrating when the landlord withholds parts of the deposit after moving out. This article explains clearly and practically which deductions are permitted, which deadlines apply and which evidence you should collect to limit unjustified claims. We explain how handover protocols, photos and invoices help, which legal foundations exist in the German Civil Code (BGB) and which steps are possible — from a formal demand to filing a claim at the local court. We also name official forms and give concrete action instructions so that you can recover your deposit as fully as possible and avoid unnecessary costs. The information is general; in complex disputes, legal advice or assistance from tenant associations is recommended.

Which deductions are permitted?

Basically, the landlord may only deduct costs from the deposit that actually occurred and are evidenced, such as unpaid service charges or costs for damage caused by the tenant. The relevant rules on the execution of tenancy agreements and the duties of landlords and tenants are found in the BGB (e.g. §§ 535–580a). More on § 535 BGB^[1]

Collect evidence

• Take photos and prepare a handover protocol (document) — this proves the condition at move-out.
• Keep invoices, cost estimates and receipts (document) for repairs carried out.
• Send a written defect notice (notice) to the landlord and retain a copy.
• Keep payment records and the deposit account statement (payment).

Deadlines and procedure

After moving out, give the landlord a reasonable deadline to return the deposit and request the refund in writing. Specify the deadline and amount and attach evidence. If there is no response, you can bring the matter before the competent local court; in many cases the Amtsgericht is the correct forum for tenancy disputes and eviction claims. Information on local courts (Amtsgericht)^[2]

If an agreement fails

If the landlord does not pay despite a deadline or makes an excessive deduction, document your claim in writing, attach evidence and consider filing a claim at the local court. In straightforward cases, a payment order may suffice; in contested matters a lawsuit follows. Court rulings on deposit issues can reach the Federal Court of Justice (BGH), creating precedents.

FAQ

Can the landlord keep the entire deposit?

No. A complete withholding is only possible if the entire deposit is needed to cover justified claims; usually the landlord must document contested items clearly.

How long does the landlord have to return the deposit?

There is no fixed nationwide period; often a reasonable period of a few weeks up to six months applies, depending on the settlement of service charges and clarification of outstanding claims.

Which documents help in a dispute?

Handover protocol, photos, invoices, deposit account statements and written correspondence with the landlord are crucial.

How-To

1. Take photos and prepare a handover protocol (document) immediately when moving out.
2. Send a written refund request (notice) with a deadline to the landlord.
3. Collect receipts and verify which items are justified (payment).
4. If no agreement is reached, consider filing a claim at the competent local court (court).

Help and Support / Resources

• Gesetze im Internet (legal texts and BGB)
• Justiz NRW – Information on local courts
• Federal Court of Justice (BGH) – Decisions

1. [1] BGB §535 – Gesetze im Internet
2. [2] Amtsgericht – Justiz NRW