Partial Security Deposit Return for Tenants in Germany

As a tenant in Germany, you may want to request only a partial return of your security deposit or the landlord may offer a partial repayment. This article explains in plain language which receipts you need, which deadlines apply and how to draft a written demand to the landlord. We show practical steps from documentation to calculating deductions to resolving the matter at the local court. We refer to relevant laws and provide examples so you can assert your claims securely and efficiently. The goal is that as a tenant you understand your rights and how to claim a proportional refund with proper evidence.

What is a partial return of the security deposit?

A partial return means the landlord returns only part of the deposited security deposit, for example because expected charges or damages are claimed. The legal basis for the deposit and its settlement can be found in the BGB, especially § 551 BGB^[1]. As a tenant you should know which deductions are permissible and which evidence the landlord must provide.

Practical steps: collect receipts and send your demand

Proceed systematically: receipts, photos and handover protocols are central proofs. Note dates and deadlines and prepare a clear overview of claims and payments already made.

• Collect receipts and photos of damages and arrange them chronologically.
• Prepare receipts and transfer confirmations for rent and utility payments.
• Check deadlines: when must the landlord settle accounts or refund?
• Draft a written demand to the landlord with a deadline.
• If unclear, contact the landlord first and confirm the discussion by email or letter.

Forms and court steps

There is no uniform state "deposit settlement form", but for court steps a complaint according to the Civil Procedure Code (ZPO) will be required^[2]. Practical example: first send a written payment demand with a 14-day deadline; if payment is not made, prepare a complaint and file it with the competent local court (Amtsgericht), which handles many rental disputes^[3]. Example wording for the demand: "Please pay the remaining deposit amount of X euros by DD.MM.YYYY and provide the settlement or refund."

FAQ

When may the landlord withhold parts of the deposit?

The landlord may withhold what is necessary to satisfy legitimate claims such as outstanding utility charges or to remedy damages, provided he substantiates this.

How long do I have to claim a partial refund?

Check your lease and set a reasonable deadline in your demand; statutory limitation periods under the BGB apply to court claims.

What if the landlord refuses the partial refund?

Collect all evidence, demand payment in writing with a deadline and, if necessary, involve the local court.

How-To

1. Check deadlines and contract terms.
2. Collect receipts, photos and the handover protocol.
3. Write a formal demand with a clear deadline and amount.
4. Contact the landlord and document all communications in writing.
5. If the landlord does not comply, prepare a complaint for the local court.

Help and Support

• BGB §551 on gesetze-im-internet.de
• ZPO on gesetze-im-internet.de
• Information on courts on justiz.de

1. [1] BGB §551 on gesetze-im-internet.de
2. [2] ZPO on gesetze-im-internet.de
3. [3] Local court information on justiz.de