Limit Deposit With Receipts – Tenants in Germany

As a tenant in Germany, it is important to know how you can limit your landlords retention of the security deposit. This text explains in plain language which receipts help  for example photos of defects, repair invoices and handover records  and how to collect, document and request these correctly and within deadlines. I show which official forms and courts are relevant, how the local court handles tenancy disputes and which sections of the BGB you should know.^[1]

What counts as evidence?

Good evidence is specific, dated and verifiable. Typical examples are:

• Photos of damage with date and time
• Invoices and receipts for repairs
• Handover protocols and move-in/checklists
• Written correspondence by e-mail or registered mail

How to document evidence correctly

Note date, time, location and involved persons, and create an ordered filing  both digital and physical. If possible, scan documents and name files consistently (e.g. "2024-07-04_invoice_heating.pdf"). For e-mail communication: save the original messages as PDF. If you want to involve the local court, a clear chronology of events helps to prove your case.^[2]

Which forms and legal steps are relevant?

To enforce claims you can, for example, initiate a payment order or file a lawsuit at the local court; there are official instructions and forms for this. Have all evidence ready before sending letters or submitting applications. In unclear cases, observe deadlines and seek legal advice if necessary.^[3]

Contacts and procedure in disputes

The usual procedure is: (1) request the landlord in writing, (2) set a deadline, (3) start a payment order or lawsuit if there is no response. The local court is competent for many tenancy disputes; for higher instances follow the regional court and possibly the Federal Court of Justice. Keep copies of all letters and evidence.

FAQ

How can I limit my deposit retention?

Send a detailed list of the withheld items and ask the landlord for receipts. Submit your own evidence and set a factual deadline for clarification.

Which receipts are most conclusive?

Photos with dates, invoices, handover protocols and original correspondence are particularly conclusive.

When should I start a payment order?

If the landlord does not return the deposit despite a request or does not provide an adequate statement, the payment order is a fast, formal step.

How-to

1. Collect all evidence: photos, invoices, protocols and e-mails.
2. Contact the landlord in writing and request a detailed statement within a deadline.
3. Set clear deadlines (e.g. 14 days) and document all replies.
4. If necessary, start a payment order or file a lawsuit at the local court.

Key takeaways

• Receipts are the key to limiting deposit retention.
• Meeting and documenting deadlines protects your rights.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a – Gesetze im Internet
• Information on courts (Justizportal)
• Payment order information (Federal Office of Justice)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – Gesetze im Internet
2. [2] Justizportal der deutschen Gerichte – justiz.de
3. [3] Mahnverfahren und Mahnbescheid – Bundesjustizamt