Tenant Checklist: Partial Deposit Repayment Germany
As a tenant in Germany, it is important to organize partial deposit repayments early and provide evidence on time. Many disputes arise because bank statements, handover protocols or repair receipts are missing. This guide explains in clear steps which documents you should collect, how to act formally toward the landlord and which deadlines to observe. You will also learn how to draft a written request, which official rules from the BGB and the ZPO apply and when going to the local court makes sense. Read the steps below, collect evidence systematically and respond promptly to claims.
What tenants should do now
- Check deadlines (deadline) immediately: Note any repayment deadline or the landlord 27s given grace period.
- Gather evidence (evidence): Handover protocol, photos, repair invoices and all signed documents.
- Secure bank statements (payment): Account statements or deposit account records showing deductions and refunds.
- Request a written settlement (form): Send a deadline letter by registered mail and document the send date.
How to write the request
Keep it short and factual: date, claimed amount, reason and deadline. Refer to your bank statements and only cite deductions with concrete evidence. Name a reasonable deadline (e.g. 14 days) and state that you will consider legal steps if unpaid.
Authorities & legal framework
The rules for tenancy and refunds are found in the BGB, §§ 535 2D580a[1]. Procedural steps for payment disputes follow the ZPO[2], and claims are usually filed at the competent local court (Amtsgericht)[3]. If deductions are unclear, a simple formal notice with a deadline may suffice; always document dates and method of sending.
Frequently Asked Questions
- Can the landlord withhold parts of the deposit without an invoice?
- No, the landlord generally must justify and prove deductions; blanket withholdings are not sufficient.
- What evidence helps with a partial refund?
- Bank statements, signed handover protocols, photos of defects and repair invoices are the most important documents.
- How long should I wait for a refund?
- Usually 1 2D6 months depending on review effort; however, set a clear payment deadline in your request.
How-To
- Step 1: Collect all evidence (evidence): handover protocol, photos, invoices and bank statements.
- Step 2: Send a formal request (form): demand, amount, deadline and send by registered mail.
- Step 3: Wait for the deadline (deadline) and document any landlord response.
- Step 4: If unpaid, consider filing a claim at the local court (court) or seek legal advice.
Help and Support / Resources
- Gesetze im Internet 2D Bürgerliches Gesetzbuch (BGB)
- Gesetze im Internet 2D Zivilprozessordnung (ZPO)
- Information on courts 2D justiz.de