Security Deposit Refund: Avoid Tenant Mistakes Germany

Many tenants in Germany face the challenge of organizing a partial security deposit refund correctly while observing deadlines, evidence and proper communication with the landlord. This guide explains in plain language which mistakes commonly occur, which deadlines matter and how to practically prepare documentation, reminders and, if necessary, court actions. It is aimed at tenants without legal expertise and shows concrete steps: from checking the lease agreement to preserving deadlines and securing evidence in case of damage or billing disputes.

What tenants should watch for with partial refunds

The refund of a deposit can be made in parts if landlords want to claim deductions. It is important that tenants check deadlines, request claims in writing and collect evidence. In Germany, the BGB regulates the duties of landlord and tenant in tenancy law and is often the starting point for refund disputes.^[1]

• Missing deadlines (deadline) for partial refund requests.
• Providing unclear bank details or missing IBAN for refunds.
• Not documenting (photo, receipt) defects, handover protocols or payments.
• Failing to send or keep written reminders or formal notices (notice).
• Misunderstanding court deadlines and jurisdictions (court) and choosing wrong legal routes.

Practical steps before claiming refunds

First consult your lease and all payment records. Request outstanding amounts in writing by letter or email and set a clear deadline. If you are unsure which deductions are justified, list specific items and request a detailed statement.

If the landlord does not respond or the statement is incomplete, demand clarification in writing and set deadlines. In persistent refusal cases, thorough documentation or advice from an official body is usually helpful. Note that tenancy disputes are typically heard in local courts (Amtsgerichte); appeals go to higher courts and the Federal Court of Justice.^[2]

Which forms and evidence are important

There is no single nationwide model lawsuit solely for partial refunds, but standardized letters and templates help to document claims properly. Use a written reminder, request the accounting and attach copies of handover records. Official information and template texts can be found at responsible ministries and courts.^[3]

Frequently Asked Questions

When can I demand a partial refund of the deposit?

If the landlord plans deductions after moving out, you can demand a partial payout if claims are unclear or only partial amounts seem justified.

Which deadlines apply for claiming refunds?

There is no fixed nationwide deadline for partial refunds; however, it is important to act promptly, in writing, and to keep statutory limitation periods in mind.

What if the landlord does not pay?

Send a reminder with a deadline, collect evidence and consider filing a claim at the local court.

How-To

1. First check contract and dates, note all relevant deadlines.
2. Contact the landlord in writing and request a detailed accounting.
3. Collect evidence: handover protocol, photos, payment receipts and witness statements.
4. If there is no response, send a formal reminder with a deadline.
5. If no agreement is reached, consider legal action at the local court or seek advice.

Key takeaway

Documentation, clear deadlines and written communication are decisive to enforce a claim for partial refund. Start structured: collect evidence, request the landlord in writing and set time limits. Court action should be a last step.

Help and Support / Resources

• BGB §§535–580a: Mietrechtliche Regelungen
• Bundesgerichtshof: Informationen und Entscheidungen
• Bundesministerium der Justiz: Formulare und Rechtshinweise

1. [1] BGB §§535–580a — gesetze-im-internet.de
2. [2] Bundesgerichtshof — Entscheidungen zum Mietrecht
3. [3] Bundesministerium der Justiz — Formulare & Infos zum Mietrecht