Partial Deposit Refund: Tenants in Germany

As a tenant in Germany, there are situations where you may only need part of your deposit immediately or a full refund is not possible. This guide explains practically and clearly how to request a legally secure partial refund of your rental deposit, which deadlines apply, which proofs are useful and which courts are responsible. You will learn which formulations in a letter to the landlord help, how to set a deadline and when the local court may be involved. Examples show which documents (handover protocol, photos, bank statement) are important. The goal is for you as a tenant to assert your rights in Germany safely and avoid unnecessary risks. If necessary we also show a sample letter and tips for documentation.

Rights and legal basis

The most important legal regulations on the tenancy and the deposit are found in the Civil Code (BGB), especially regarding landlord and tenant duties.^[1] Procedural questions for lawsuits or payment claims are regulated by the Civil Procedure Code (ZPO).^[2] In disputes about the payout, the local court (Amtsgericht) is usually the competent authority.^[3]

When is a partial refund applicable?

• Deposit (deposit): If only part of the deposit is needed to cover claims, the remainder can be paid out.
• Repairs (repair): For outstanding repair claims, an agreed partial release can be arranged.
• Deadlines (deadline): How long the landlord may wait depends on possible utility reconciliations and damage cases.

First check your rental agreement: some contracts explicitly regulate the amount and timing of the deposit refund. Then collect evidence such as photos, the handover protocol and bank statements.

Letter to the landlord: content and form

A clear, short letter increases the chances of success. State the requested amount, the reason for the partial refund and set an appropriate deadline for payment. Attach receipts or offer to present proof.

• Wording (form): Request a partial refund in writing and state the exact euro amount.
• Proofs (document): Attach photos and the handover protocol or refer to existing evidence.
• Deadline (deadline): Set a written payment deadline, e.g. 14 days.

If the landlord does not respond, state in the letter that you will consider legal steps. Often a threat of legal action is followed by a reminder procedure or a lawsuit at the local court.

Frequently Asked Questions

Can I request part of the deposit immediately?

Yes, if it is plausible that only part will be retained for legitimate claims; document the need precisely.

What deadlines apply for the deposit refund?

There is no blanket deadline in the BGB; however, the landlord is obliged to settle or pay the deposit after the tenancy ends in a timely manner, with a reasonable settlement period being common.

What should I do if the landlord does not pay?

You can send a reminder and, if necessary, consider an order for payment (Mahnverfahren) or a claim at the local court.

How-To

1. Check: Collect all receipts, photos and the handover protocol.
2. Draft letter: Write a short informal letter stating amount and deadline (e.g. 14 days).
3. Contact: Send the letter by recorded delivery or by email with read receipt.
4. Wait: Allow the landlord the set deadline to pay.
5. Court: If payment is not made, consider the order for payment or a claim at the local court.

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO) - official statutes
• Justizportal Deutschland - information on courts
• Federal Court of Justice (BGH) - case law

1. [1] Civil Code (BGB), § 535 et seq. — gesetze-im-internet.de
2. [2] Civil Procedure Code (ZPO) — gesetze-im-internet.de
3. [3] Justizportal Deutschland — information on local courts