Partial Deposit Refund: Tenants' Rights in Germany

Many tenants in Germany wonder if and when they can demand a partial refund of the security deposit upon moving out. This text explains in clear language the rights and obligations of both tenants and landlords, which deadlines apply and which documents you should collect. You will receive practical advice on how to proceed with your shared flat and the landlord, which deductions are permissible and when a court may need to be involved. The aim is to avoid uncertainty and give you reliable steps for a fair settlement of the deposit.

What does partial deposit refund mean?

A partial refund occurs when the landlord does not return the entire deposit after moving out, for example because they withhold amounts for outstanding operating costs, repairs or rent arrears. In Germany the landlord may offset legitimate claims against the deposit; unclear or flat-rate deductions are not permitted. It is often advisable to request a written settlement with receipts so that claims are comprehensible. Prepare photos, invoices and handover protocols to review your claims. ^[1]

Rights and obligations of tenant and landlord

• The landlord may only deduct actual, documented costs from the deposit.
• Tenants should keep handover protocols, photos and invoices as evidence.
• Statutory deadlines apply for settlements and objections; respond within the deadline.
• Landlords must announce and justify access rights for apartment handovers.

Practical: organizing partial refunds in shared flats

In shared flats, tenants should clarify early who bears which costs and how the deposit is divided or reclaimed. A written settlement protocol helps avoid later disputes. If individual flatmates move out, check whether a proportional refund is appropriate and whether the primary tenant or landlord must approve. Agree on deadlines and modalities in writing and document meter readings and room conditions.

Forms and legal steps

There is no single nationally binding "deposit settlement" standard form, but sample termination letters and claim forms are available from authorities. When you send a letter to the landlord, specify your claim, deadline and evidence in writing. For unjustified deductions you can consider filing a claim at the competent local court; tenancy rulings are sometimes clarified by the Federal Court of Justice. ^[1][2][3]

How to proceed: checklist

• Record the handover condition with photos and a signed protocol.
• Request a written settlement of the deposit with receipts from the landlord.
• Set a clear deadline for payment and state the amount of the partial refund.
• If no agreement is reached, consider filing a claim at the competent local court.

FAQ

When can I demand a partial deposit refund?

You can demand a partial refund if the landlord withholds only part of the deposit even though no corresponding damage or cost evidence exists.

How long can the landlord retain the deposit?

The landlord may retain the deposit until his legitimate claims are clarified and documented; however, this should occur within a reasonable period.

What if flatmates disagree?

Document agreements in writing and, if necessary, obtain a consensual division or resolve claims in court if unavoidable.

How-To

1. Write a formal demand to the landlord with a deadline and copies of evidence.
2. Gather all evidence, photos and the handover protocol to support your claim.
3. Seek discussion with the landlord or head tenant to find an amicable solution.
4. If no agreement is reached, file a claim at the competent local court; watch for limitation periods.

Help and Support

• Check BGB and tenancy law: gesetze-im-internet.de
• Sample forms and guidance: BMJV
• Case law and decisions: Federal Court of Justice

1. [1] Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Sample termination letters and forms — BMJV
3. [3] Federal Court of Justice (BGH) tenancy rulings — bundesgerichtshof.de