Partial Deposit Refund for Tenants in Germany 2025

As a tenant in Germany, you may often face the question of how to organize and request a partial deposit refund. This text explains in practical terms which rights and deadlines apply, which documents you should prepare and how to properly draft an informal letter to the landlord. We show when a partial refund is possible, how to document evidence and which court steps at the local court can become relevant ^[2]. We refer to the applicable provisions in the BGB and provide concrete action steps for 2025 so that you as a tenant can assert your claims in Germany quickly and securely ^[1]. At the end you will find a step-by-step guide, an FAQ with typical questions and links to official forms and court information. If necessary, we also explain when a lawsuit makes sense and how court decisions shape practice.

What is a partial deposit refund?

A partial refund means that after moving out the landlord returns not the entire deposit but only a portion. Reasons can be billed operating costs, proven damages or outstanding claims. Legally there is no blanket obligation for immediate full payout: the landlord may consider potential claims for security and wait within a reasonable period ^[1].

When can tenants in Germany request a partial refund?

Tenants can request a partial refund if a clearly determinable part of the deposit is no longer needed to secure claims. Typical situations: the landlord has already settled and may only retain a smaller remaining amount, or individual quantifiable items have been settled. You can request a partial amount in writing and set deadlines; in case of uncertainty, clarification before the local court can be considered ^[2].

Practical steps: Requesting a partial refund

1. First check deadlines and set a reasonable payment period for the landlord, e.g. 14 or 30 days.
2. Gather evidence: handover protocol, photos, bank statements and invoices.
3. Send a written demand to the landlord (registered mail or delivery confirmation) with the concrete amount and deadline; attach supporting documents.
4. If the landlord does not respond or refuses payment, consider filing a claim at the competent local court.

To prepare a lawsuit, you should precisely quantify the amount claimed and document any counterclaims by the landlord. Jurisdiction is usually determined by the place of residence and lies with the local court, with higher amounts going to the regional court ^[2]. In many cases an informal letter is sufficient; if standardized templates are desired, sample forms from the Federal Ministry of Justice can help ^[3].

What to include in your letter

• Specific claim: amount of the partial refund and reference to the deposit settlement.
• Evidence: handover protocol, photos of damages, settlement statements.
• Deadline: name a date by which payment should be made.
• Contact details: address, phone number and bank details for the refund.

Frequently Asked Questions

How long does the landlord have to make the refund?

The law does not set a fixed short deadline; in practice three to six months are common so the landlord can check statements. For concrete claims you should set a shorter deadline and, if necessary, follow up legally ^[1].

Can I request a partial amount before moving out?

You can ask the landlord for a partial amount, especially if clear evidence is available. There is usually no mandatory payout before the end of the tenancy without a special agreement.

Which forms are useful?

Sample termination letters and standard templates from the Federal Ministry of Justice as well as information on filing a claim at the local court are helpful to comply with formal requirements ^{[3] [2]}.

How-To

1. Check invoices and determine the immediately available portion of the deposit.
2. Systematically document damages and evidence with photos and protocols.
3. Draft a letter with amount and deadline and send it by registered mail.
4. If necessary: file a claim at the competent local court and attach all evidence.

Help and Support / Resources

• [1] BGB §535 ff. – Civil Code (BGB)
• [2] Justice Portal – Information on local and regional courts
• [3] Federal Ministry of Justice – Sample forms and information
• [4] Federal Court of Justice – Case law on tenancy law

1. [1] BGB §535 ff. – Civil Code (BGB)
2. [2] Justice Portal – Information on local and regional courts
3. [3] Federal Ministry of Justice – Sample forms and information
4. [4] Federal Court of Justice – Case law on tenancy law