Security Deposit Accounting for Tenants in Germany
Many tenants in Germany face a confusing security deposit statement after moving out. The deposit is a frequent source of dispute: landlords must explain deductions, prove charges and respect deadlines. As a tenant you should collect documents, create a signed handover protocol, keep photos and payment proofs, and request the refund in writing. This article explains step by step which documents matter, which deductions may be permissible, how long landlords typically have, and what actions you can take if the statement is unclear or unfair. The guidance follows the relevant rules of the BGB[1] and provides practical steps for your handling in Germany.
What belongs in a deposit statement?
A complete deposit statement lists the original deposit amount, interest, any deductions and their justification. Important documents help you verify each position and, if necessary, object.
- Rental payments (rent) – bank statements and transfer receipts to confirm payments
- Handover protocol (form) – signed handover documents with date
- Photos and damage records (evidence) – dated images with short descriptions
- Deposit amount (deposit) – proof of the sum paid and account records
Permissible deductions
Landlords may only deduct actual, proven costs from the deposit. Typical permissible items are unpaid rent, certain repair costs for contractual breaches, and utility adjustments if properly documented. In unclear cases courts, including decisions of the Federal Court of Justice, can review the deductions.[3]
- Unpaid rent (rent) – only for clearly documented claims with invoices
- Repairs (repair) – only actual costs with proof
- Cleaning costs (safety) – only for non-contractual excessive soiling
Deadlines and jurisdiction
There is no fixed statutory deadline for accounting the deposit; in practice statements within a few months are expected. If legal action is necessary, the local court is usually responsible and the procedural rules of the ZPO apply.[2]
How to object
If a deduction is unclear, request the landlord in writing to provide documents and explain the deduction within a set deadline. If no agreement is reached, the next step is to file a claim at the competent local court.
- Demand for refund (notice) – set a clear deadline, e.g. 14 days, and request supporting documents
- File suit at the local court (court) – include copies of all relevant documents and the handover protocol
FAQ
- Who decides disputes about the deposit?
- The local court (Amtsgericht) decides civil claims from the tenancy; for fundamental legal questions decisions of the Federal Court of Justice may be relevant.
- How long may a landlord keep the deposit?
- There is no blanket statutory period, but the statement should typically be provided within a few months; longer retention must be justified by the landlord.
- Must the landlord pay interest?
- Yes, the deposit is generally interest-bearing; specific rules follow from the BGB.
How-To
- Gather documents (evidence) – collect rental payments, the handover protocol and photos as full documentation
- Request in writing (notice) – demand the statement and supporting documents with a clear deadline (e.g. 14 days)
- File a claim (court) – submit a payment claim at the local court with copies of all documents if no agreement is reached
