Limit Security Deposit Withholding for Tenants in Germany
As a tenant in Germany seeking return of your security deposit, you often face deadlines, documentation duties and formal hurdles. This article explains in clear language what rights tenants have, how to collect evidence when moving out and which deadlines to observe so that an unreasonable deposit withholding does not work against you. You will get practical advice on documenting defects, creating a handover protocol and formally dealing with the landlord, as well as an overview of when going to the local court may be appropriate.
What tenants need to know
Landlords may only use the deposit to secure legitimate claims, such as unpaid utility charges or proven repair costs. A blanket or excessive withholding is impermissible. The legal foundations are in the German Civil Code (BGB).[1] In legal disputes, the Code of Civil Procedure applies for claims before the local court.[2]
Legal basis and jurisdiction
The Bürgerliches Gesetzbuch (Civil Code) regulates the duties of landlords and tenants, including return obligations and accounting duties. In case of disputes, the local court decides in first instance; important precedents come from the Federal Court of Justice.[3]
Important documents at move-out
- Documented deposit amounts and payment receipts (deposit)
- Photos and videos of the apartment condition (evidence)
- Handover protocol with signatures (form)
- Correspondence and reminder letters to the landlord (contact)
Documentation is often decisive in disputes: record date and time and label photos clearly to enable reconstruction. Keep a simple list of defects and monitor deadlines for additional claims.
Frequently Asked Questions
- Can the landlord keep the entire deposit without proof?
- No. The landlord must prove concrete claims. Blanket withholdings without invoices or cost estimates are generally not permissible.
- What deadlines apply to settlement of the deposit?
- There is no uniform deadline in the BGB, but settlement periods depend on specific circumstances; if you are unsure, it is advisable to set a deadline by registered mail and, if necessary, seek legal review.
How-To
- Collect photos and a signed handover protocol immediately when moving out (evidence).
- Keep payment receipts for the deposit and note the payment date (deposit).
- Request the landlord in writing to return the deposit and set a clear deadline (form).
- If the landlord does not respond or withholds unlawfully, consider filing a claim at the local court (court).
Help and Support
- [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
- [3] Federal Court of Justice (BGH) – bundesgerichtshof.de
