Partial Deposit Refund for Tenants in Germany

As a tenant in Germany you often need the deposit back when only part of it has been retained. This text explains how to claim a partial deposit refund with receipts, which documents landlords must accept and which deadlines apply. You will learn concrete steps: collect evidence, send a written demand, set deadlines and, if necessary, involve the local court. Practical examples show how invoices, photos and handover records support your claim. This guide names relevant legal provisions and court procedures in clear language so you can better understand and enforce your tenant rights. I also mention possible sample letters and show how to document the landlord's replies. Tips on securing evidence and handling settled utility charges complete the guide.

What is a partial refund?

A partial refund occurs when the landlord does not return the full deposit but retains or offsets only a portion. In such cases the landlord must justify the retention and present receipts, for example for repair invoices or outstanding utility settlement bills. The rights and obligations of landlords and tenants are governed by the Civil Code.^[1]

Common reasons for partial refund

• Outstanding utility settlement bills or additional charges the landlord offsets against the deposit.
• Repairs for damage that goes beyond normal wear and tear.
• Missing receipts for small repairs the landlord cites.
• Delays in settlement after the tenancy ends, such as pending final bills.

Step-by-step: How to claim a partial refund with receipts

1. Collect all receipts: invoices, receipts, handover records and photos.
2. Set a written deadline (e.g. 14 days) for the landlord to provide the settlement and the refund.
3. Send a formal demand for the partial refund listing the documents and send it by registered mail or by e-mail with read receipt.
4. If no agreement is reached, try amicable resolution or mediation; as a last resort, file a claim at the local court.^[2]

Forms and templates

There is no uniform national form for demanding a deposit settlement. Use a simple written letter including: rental contract details, address, total deposit amount, requested partial amount, deadline and list of attached receipts. Official sample templates may exist from public authorities; always check the source. If the landlord replies with legal arguments, note the date and content of their response.

If it goes to court

Disputes about the deposit are handled by the local court in the first instance; higher court decisions may be relevant for legal questions.^[3] Before filing a claim, organize your evidence and consider mediation or conciliation services.

FAQ

How do I demand a partial deposit refund?

Write a formal demand, attach copies of receipts and set a clear deadline for the refund.

Which documents are sufficient?

Invoices, receipts, handover records and clear photos are the most important documents.

How long does the landlord have to settle?

There is no fixed nationwide deadline, but a reasonable deadline is common; set a clear deadline and document everything.

How-To

1. Collect all relevant documents and create a list of receipts.
2. Draft a written demand with a deadline and send it in a verifiable way to the landlord.
3. Wait for the deadline and carefully review the landlord's response.
4. If necessary, file a claim at the competent local court or use a conciliation service.

Key takeaways

• Careful evidence collection is crucial to support your claim for a deposit refund.
• A written, verifiable demand with a clear deadline increases pressure on the landlord.

Help and Support

• Civil Code (BGB) – Gesetze im Internet
• Federal Court of Justice (BGH)
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] BGB §535 – Content and main duties of the tenancy agreement
2. [2] Code of Civil Procedure (ZPO) – Court proceedings
3. [3] Federal Court of Justice (BGH) – Court decisions on tenancy law