Organize Deposit Refunds for Tenants in Germany
Many tenants in Germany face the question of how to securely organize a partial refund of the security deposit when the landlord does not pay in full or claims damages. In plain language I explain here what rights you have as a tenant, what deadlines apply and which pieces of evidence you should collect. You will learn how to draft a factual demand for repayment, which official forms and legal avenues exist and how the local court decides in tenancy disputes. With practical examples I show how to set a deadline, check a deposit statement and which steps make sense before seeking paid legal advice. This guide helps you to pursue your claim in Germany in a structured and legally secure way.
How partial refunds work
As a tenant, under tenancy law you are entitled to an accounting of the deposit after the tenancy ends and to repayment of amounts wrongfully withheld. Relevant provisions are found in the Civil Code (BGB) on tenant duties and landlord claims.[1] For court actions and procedures in payment disputes the rules of the Code of Civil Procedure (ZPO) apply.[2] In practice the local court (Amtsgericht) often decides first; for legal questions there are binding decisions up to the Federal Court of Justice (BGH).[3]
Key steps
- Check the lease, deposit amount and the handover protocol for specific deductions or agreements.
- Gather evidence: photos, handover protocol, receipts and messages with the landlord.
- Set a clear deadline in a written demand for payment, e.g. 14 or 30 days, and request the specific amount.
- If the landlord does not respond, you can file a claim at the competent local court.
Forms and examples
Important forms and templates tenants use include:
- Sample letter for payment demand: Keep it short, state the amount, the basis (e.g. deposit minus justified deductions) and the deadline. Example: "I hereby request repayment of EUR 600 within 14 days."
- Payment order (Mahnverfahren): If the landlord does not pay despite the demand, the payment order can be a fast way to obtain a title. Example: You file a payment order to obtain an enforcement title if no objection is filed.
- Claim form for the local court: If the payment order is not suitable or fails, file a claim with reasons and evidence (photos, protocols, bank records).
What to do in a dispute — court and burden of proof
In court, documentation counts: handover protocols, accounts and photos are central evidence. In the claim clearly state which items the landlord alleges and why you consider them unjustified. The local court often decides; for complex legal questions the higher courts such as the BGH are relevant.[2][3]
FAQ
- Can the landlord withhold part of the deposit?
- Yes, the landlord may offset justified claims such as damages or outstanding charges against the deposit, but must specify and prove the deductions.
- How long can the landlord delay repayment?
- A short period for accounting is common; many courts accept several weeks to months for review. If in doubt, set a concrete deadline in your demand.
- What can I do if the landlord does not pay?
- Send a formal demand for payment, use the payment order procedure if appropriate, and then file a claim at the local court if necessary.
How-To
- Check all documents: lease, handover protocol, statements and receipts.
- Calculate the exact refund amount after deducting justified claims.
- Send a written demand for payment with a deadline (e.g. 14 days) and attach documentation.
- If payment does not follow, initiate the payment order or file a claim at the local court and submit your evidence.
Help and Support / Resources
- Gesetze im Internet: Civil Code (BGB)
- Gesetze im Internet: Code of Civil Procedure (ZPO)
- Federal Court of Justice (BGH) — Decisions
