Limit Security Deposit Hold for Tenants in Germany

Many tenants in flatshares worry at move-out that the landlord will withhold parts of the security deposit longer than necessary. In Germany, §551 of the BGB governs some aspects of deposit use, but multi-tenant apartments often raise questions about damage allocation, utility charges and apportionment. This guide explains in practical terms how flatshare residents can check their claim to full repayment, meet deadlines, document properly and prepare formal steps. I explain which receipts matter, how a deposit account works and when you can involve the local court. The language stays simple so that you as a tenant without a legal background can follow concrete actions and respond confidently in case of a dispute. At the end you will find an FAQ, a step-by-step how-to and links to official forms.

Rights and Basics

The legal basis for rental deposits is found in §551 BGB. Landlords may generally use the deposit to secure claims from the tenancy; exact conditions are stated in the statute and case law. §551 BGB^[1] In flatshares it is important: the deposit can be arranged jointly or proportionally. In disputes it often matters which tenant caused which claim.

What Tenants in Flatshares Should Watch

• Check the deposit account: Is there a separate account and is the exact amount documented?
• Make documentation: Photos, a handover record and invoices help to prove or exclude damages.
• Observe deadlines: Request repayment in writing with a clear deadline, e.g. 14 days after handover.

Practice: Enforcing Deposit Return

Start with a written demand to the landlord stating the repayment amount and a deadline. Attach receipts and keep copies. If the landlord claims partial deductions, request a detailed breakdown and supporting documents. If you cannot agree, the next step is a reminder and possibly a clarification at the local court, where tenancy disputes are usually handled.^[2]

For formal letters you can use official templates, such as reminder or demand letter examples from the Federal Ministry of Justice that serve as templates. Sample forms and information^[3]

FAQ

How long may the landlord withhold the deposit?

There is no strict statutory deadline in the BGB, but common practice is repayment within a few months after accounting. If utility bills are outstanding, the landlord may retain a reasonable amount.

Can flatmates individually claim the deposit back?

That depends on the rental agreement. If the deposit was paid jointly, tenants must enforce their share together or through court action.

When should I involve the local court?

If the landlord makes deductions without adequate justification or documentation and negotiations fail, filing in the local court is appropriate.

How-To

1. Take photos and make a handover record: Record the property condition at move-in and move-out and get signatures.
2. Send a written demand: State the amount and a deadline and attach copies of evidence.
3. Contact the landlord: Try to resolve the issue directly and document any agreements.
4. Consider legal action: If no resolution, consider filing at the local court or mediation.
5. Agree internally in the flatshare: Document how roommates split costs and claims.

Key Takeaways

• Document condition and receipts carefully as they are often decisive.
• Send written deadlines before pursuing legal steps.
• Clarify joint deposit responsibilities among flatmates in writing.

Help and Support / Resources

• Deposit: BGB §551 - gesetze-im-internet.de
• Court: Bundesgerichtshof - bundesgerichtshof.de
• Form: Federal Ministry of Justice - bmj.de

1. [1] Bürgerliches Gesetzbuch (BGB) §551 - gesetze-im-internet.de
2. [2] Bundesgerichtshof - bundesgerichtshof.de
3. [3] Federal Ministry of Justice - bmj.de