Limit Deposit Withholding for Tenants in Germany

Many tenants in Germany experience landlords withholding parts of the security deposit unlawfully after the tenancy ends. This article shows how you as a tenant can limit deposit withholding, collect evidence effectively, and send written demands before litigation begins. You will learn which documents (e.g., handover protocol, photos, payment receipts) are especially important, which deadlines apply, and which statutory foundations are in the BGB^[1]. I also explain how the competent local court is addressed and which steps often suffice to recover the deposit^[2]. I provide sample wording for a repayment deadline, explain when rent reduction is excluded, and list official contact points for free advice. At the end you will find a short guide with clear steps for writing, gathering evidence, and possible court actions.

How to limit deposit withholding

First check your lease and the handover protocol. Note every defect with the date and document the apartment condition with photos and short descriptions. Keep bank statements proving your rent and deposit payments.

Write a precise repayment deadline

Send the landlord a written deadline for deposit repayment (e.g., 14 days) and request an itemized statement. State the specific withheld amount and explain which deductions you do not accept.

Key evidence

• Handover protocol signed by both parties
• Photos of the apartment condition at move-in and move-out
• Payment receipts for rent and deposit
• Correspondence and deadline notifications to the landlord

If the landlord claims flat-rate or undocumented deductions, ask for evidence. Without verifiable invoices or estimates, deductions can be challenged.

FAQ

Can the landlord withhold part of the deposit as a lump sum?

No, lump-sum deductions are not permissible without evidence. The landlord must document damages specifically or provide invoice copies.

How long may the landlord hold the deposit?

The landlord may usually hold the deposit only as long as outstanding claims exist; reasonable review periods are possible for disputed statements. See the BGB for details^[1].

When should I contact the local court?

If extra-judicial deadlines fail, the competent local court (Amtsgericht) can be approached; the local court is the first instance for civil disputes. Consider free advice first^[2].

How-To

1. Collect evidence: assemble photos, handover protocol and payment proofs.
2. Set a written deadline: draft a letter with a payment deadline (e.g., 14 days) and send it with proof of delivery.
3. Request evidence: ask for invoices or quotes for claimed deductions.
4. Legal step: if payment is not made, file a claim/application; civil procedure is governed by the ZPO^[3].

Help and Support / Resources

• BGB: German Civil Code (Gesetze im Internet)
• ZPO: Code of Civil Procedure (Gesetze im Internet)
• Justice Portal: Courts and Competences in Germany

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Justizportal: Gerichte und Zuständigkeiten in Deutschland
3. [3] Zivilprozessordnung (ZPO) - Gesetze im Internet