Partial Deposit Refund 2025 for Tenants in Germany

As a tenant in Germany, you may be entitled to a partial refund of the security deposit under certain conditions. This guide explains in practical terms which deductions are permissible, which deadlines you must observe and which receipts you should collect so that the settlement remains transparent. I describe step by step how to prepare a verifiable statement, which sample forms you can use and when it makes sense to seek judicial clarification. The guidance is tailored to residential tenancy relationships in Germany and focuses on concrete action steps for tenants.

When are you entitled to a partial refund?

A partial refund is possible if, after the end of the tenancy, the landlord can only assert certain legitimate claims against the deposit. The rules on the use and interest of the deposit are regulated in the BGB ^[1] and the general tenancy provisions ^[2]. Typical legitimate claims are overdue rent payments, heating cost adjustments or costs for necessary repairs that exceed normal wear and tear.

Practical checklist for partial refund

Use the following checklist to prepare the settlement transparently and check the landlords claims.

• Check deadlines: Request the settlement in writing and note receipt and deadline dates.
• Overview of deductions: Ask for each item to be listed with amount and justification.
• Collect evidence: Keep photos, the handover protocol, invoices and payment receipts ready.
• Use forms: Use template letters for refund requests and terminations if necessary ^[4].
• Contact: Talk to the landlord and document proposed appointments and phone calls.
• Legal action: Consider a court procedure or claim if payment is unjustifiably refused, observing civil procedure rules ^[3].

If the landlord asserts deductions, request detailed invoices (names of craftsmen, service dates, itemized costs). Compare the stated costs with market prices and check whether work was necessary or already covered by normal wear and tear.

How-To

1. Collect: File all receipts, the handover protocol and photos in chronological order.
2. Write: Draft a written request for the partial refund with a concrete claim and a deadline.
3. Negotiate: Agree on installment payments or a compromise if costs are disputed.
4. Legal steps: If necessary, file a payment order or lawsuit and apply for legal aid.

FAQ

What deadline does the landlord have to return the deposit?

There is no blanket statutory repayment deadline, but the landlord may take a reasonable time to examine the settlement and outstanding claims.

Can the landlord deduct a flat rate for renovations?

No, flat-rate deductions are not permitted; each item must be individually justified and supported by evidence.

What can I do if the landlord does not pay?

Request payment in writing, consider a payment order under the civil procedure rules and contemplate filing a lawsuit at the local court.

Key Takeaways

• Document the handover and defects completely.
• Set clear deadlines and request an itemized settlement.
• Seek dialogue first and use legal steps only as a last resort.

Help and Support

• Gesetze im Internet (Federal) - Legal basis
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Judiciary Portal of the Federal Government and the Länder

1. [1] German Civil Code (BGB) §551 Deposit
2. [2] German Civil Code (BGB) - Complete
3. [3] Code of Civil Procedure (ZPO) - Payment order and litigation
4. [4] BMJ - Forms and templates