Limit Deposit Withholdings: Tenants in Germany

As a tenant in Germany, you should know when a landlord may withhold parts of the security deposit and how to limit that lawfully. This guide explains in clear language the relevant steps, which evidence you should collect and which deadlines apply. You will receive practical advice on documenting damages, checking claims and formally requesting repayment. I also describe when turning to the local court (Amtsgericht) may be appropriate and which official forms or proofs are typically required. The goal is to give you, as a tenant, the confidence to enforce your rights effectively and within deadlines.

What you need to know

The Civil Code (Bürgerliches Gesetzbuch) governs the main duties of landlord and tenant, especially return and settlement of the rental property.^[1] For court proceedings, the rules of the Code of Civil Procedure apply to lawsuits and eviction claims.^[2] In tenancy law, higher court decisions from the Federal Court of Justice are important for interpreting disputed points, such as distinguishing normal wear from damage.^[3]

When landlords may withhold a deposit

• Unpaid rent or outstanding operating costs can be deducted from the deposit.
• Concrete damages to the rental beyond normal wear justify deductions for repairs.
• Missing final cleaning after tenancy can result in costs claimed by the landlord.
• Other contractually agreed claims (if evidenced) may also be considered.

Collecting evidence and observing deadlines

Collect relevant evidence promptly: photos, handover protocols and invoices. Without proof it is difficult for tenants to reclaim unjustified deductions.

• Photos of damages and the condition at move-out.
• Handover protocol with date and signatures of both parties.
• Invoices or cost estimates for carried-out repairs.
• Observe deadlines: review operating cost statements and respond within usual objection periods.

How to proceed formally

Write the landlord a formal request for repayment with a deadline and supporting documents. Send important letters by registered mail or verifiable email and keep delivery receipts. If the landlord does not respond, you can consider filing a claim at the competent local court; there, tenancy disputes such as eviction claims are heard.

FAQ

How long can the landlord withhold the deposit?

The landlord may retain the deposit to secure outstanding claims until the operating costs statement has been issued; there is no general maximum period, but delays must be justified.

Which documents are important for me as a tenant?

Photos, the handover protocol, repair invoices and all written communications between tenant and landlord are decisive.

When should I involve the local court?

If the landlord does not repay despite a demand and provides no evidence for deductions, filing a claim at the competent local court may be appropriate.

How-To

1. Collect all evidence: photos, protocols and invoices.
2. Send a formal demand for repayment with a deadline and attach evidence.
3. Deliver the letter in a verifiable way (registered mail or email with receipt).
4. If no agreement is reached, prepare a claim at the local court or seek legal advice.

Help and Support / Resources

• § 535 BGB - Rules on tenancy (Gesetze im Internet)
• ZPO - Code of Civil Procedure (Gesetze im Internet)
• Federal Court of Justice - Decisions (bundesgerichtshof.de)

1. [1] § 535 BGB - Bürgerliches Gesetzbuch (Gesetze im Internet)
2. [2] ZPO - Zivilprozessordnung (Gesetze im Internet)
3. [3] Bundesgerichtshof - Entscheidungen (bundesgerichtshof.de)