Plan Deposit Refund for Tenants in Germany
As a tenant in Germany, it can be important to organize a partial refund of the rental deposit on time — for example if part of the deposit is withheld to cover outstanding operating costs. This guide explains step by step which deadlines apply, which documents you should collect and how to draft a formal letter to the landlord. I also describe how to document evidence, which rights are set out in the BGB and when going to the local court may be necessary. At the end you will find a practical how-to with sample texts and official links so that you as a tenant can assert your claims in Germany calmly and securely. Read on for concrete wording.
What does a partial refund mean?
As a tenant you can demand that unnecessary parts of the deposit be returned. The legal basis for the rental deposit is regulated in §551 BGB[1]. In practice this means: landlords may withhold a reasonable amount to secure outstanding claims, but must return partial sums on time if they are no longer necessary.
Deadlines & Evidence
- Check deadlines: There is often a deadline for the service charge statement; wait for that statement.
- Collect evidence: Secure photos, handover protocol, bank statements and invoices.
- Written request: Request the partial refund by registered mail with a deadline.
Sample texts & forms
A simple sample letter to the landlord can look like this: "Dear Mr/Ms X, please refund the amount of X.XX EUR as a partial return of the deposit by DD.MM.YYYY." State the amount, the payment deadline and attach evidence. There are no centralized official standard forms for every deposit matter; for court proceedings you use the complaint forms of the competent local court[2]. When it comes to legal questions or precedents, decisions of the Federal Court of Justice (BGH) are often consulted[3].
If it goes to court
File a lawsuit only if the deadline demand failed and you have your documents organized. For tenancy disputes, the local court is competent in the first instance; prepare a clear statement of claim and copies of all evidence. A lawyer can help but is not mandatory.
FAQ
- When can I demand a partial refund?
- As soon as it is foreseeable that part of the deposit is no longer needed to secure outstanding claims, you can demand a partial refund.
- How long do I have to wait for the deposit?
- The landlord may retain the deposit until the final service charge statement; exact deadlines result from accounting practice and the BGB.
- What do I do if the landlord does not pay?
- Request payment in writing with a deadline, secure evidence and consider filing a lawsuit at the local court if unsuccessful.
How-To
- Check deadlines: Determine until when the service charge statement and withholding are permissible.
- Collect evidence: Compile handover protocol, bank statements, photos and invoices.
- Draft the letter: Set a clear deadline and request the partial refund in writing by registered mail.
- Monitor payment: Check incoming payments and document any missing amounts.
- Court steps: If necessary, file a complaint at the competent local court with all evidence.
