Tenant: Partial Security Deposit Refund in Germany

As a tenant in Germany, it can happen that only part of the security deposit is returned after moving out, for example because of small repairs or outstanding utility charges. This text clearly explains how to organise a partial refund with receipts in a factual and legally sound way, which documents are important, which deadlines apply and how to proceed if problems arise. We list concrete action steps, references to official legal bases and typical proofs that landlords expect. This helps tenants keep an overview, secure their claims through documentation and know when an out-of-court payment order or a lawsuit at the local court is appropriate. If in doubt, the listed official bodies and template forms provide further help.

What is a partial refund and when is it common?

A partial refund means the landlord pays you only part of the deposit because they claim verifiable costs, such as repaired damage, outstanding utility costs or cleaning. As a tenant you have the right to have each accounting and deduction reviewed with documentation. Legal foundations can be found in the BGB and related regulations.^[1]

Which receipts help you as a tenant?

Documentation is crucial: collect all receipts, invoices and the handover report. If the landlord demands deductions, these must be justified and evidenced.

• Receipts and invoices for repairs or replacement parts.
• Handover protocol with meter readings and defect descriptions.
• Photos showing the condition of the apartment at move-out.
• Utility bills or accounting documents that prove additional charges.

Deadlines and procedure

There is no blanket deadline by which the landlord must fully return the deposit; they may take a reasonable time to review, especially regarding outstanding utility bills. Request a written breakdown of deductions and set a reasonable deadline for payment of the remaining deposit. If there is no response, consider a payment order or filing a lawsuit at the competent local court.

Practical steps to claim payment

1. Send a formal demand to the landlord with a deadline and ask for evidence for all deductions.
2. Gather all relevant receipts, photos and the handover protocol as proof.
3. Contact tenant advice services or legal advice if uncertain.
4. If necessary: initiate a payment order or file a lawsuit at the local court (attach your evidence).^[3]

Forms and official templates

Important official steps and forms include the payment order application (Mahnverfahren) and the complaint for the local court. A payment order can be used if the landlord does not pay or does not provide sufficient evidence; a lawsuit is filed at the local court when judicial recovery is required. Use official guidance from the Federal Ministry of Justice and the statutory provisions as a basis.^[3]

FAQ

Can the landlord make deductions from the deposit without proof?

No. The landlord must justify deductions and support them with receipts or invoices; if this is not provided, you should demand payment of the remaining deposit.

How long may the landlord retain the deposit?

There is no fixed statutory period, but a landlord may not retain it indefinitely; they must respond within a reasonable review period and substantiate deductions.

Where can I turn if the landlord does not pay?

You can seek legal advice, initiate the payment order procedure or file a claim at the competent local court; in many cases local tenant advice centres can also help.

How-To

1. Collect all receipts, photos and the handover protocol.
2. Write to the landlord and request a detailed statement with a deadline for payment.
3. Obtain tenant advice or legal help if unsure.
4. If necessary, start the payment order or file a claim at the local court and submit your evidence.^[3]

Help and Support / Resources

• Gesetze im Internet – BGB and other statutes
• Federal Court of Justice – decisions in tenancy law
• Federal Ministry of Justice – forms and information on the payment order procedure

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1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Bundesgerichtshof – Mietrechtliche Entscheidungen
3. [3] Bundesministerium der Justiz – Forms and information