Security Deposit: Avoid Tenant Mistakes in Germany

As a tenant in Germany, the security deposit settlement after moving out can be stressful. Many mistakes arise from missed deadlines, unclear receipts, or poor communication with the landlord. This guide explains clearly which details must be transparent in the settlement, which deadlines apply, and how you can enforce your rights. I show practical steps for documentation, setting deadlines, and what to consider in legal disputes at the local court. The goal is to avoid conflict and secure the correct refund of the deposit without costly delays or unnecessary disputes. I also describe common deduction reasons, such as repair costs and operating cost statements, and say which receipts a landlord must present. With clear templates for deadline letters and tips for securing evidence you increase your chances of recovering the full deposit.

What tenants should watch for

The most important rights and obligations are set out in §§ 535–580a of the BGB, which contain the rules on the rental relationship and the security deposit.^[1] Make sure the landlord documents deductions and meets deadlines. An unclear or missing settlement is a common point of dispute for tenants.

Common mistakes

• Ignoring deadlines: Tenants or landlords do not set a clear follow-up deadline after moving out.
• Unclear deductions: Flat amounts without receipts are deducted.
• Poor documentation: No photos, no handover protocol or missing invoices.
• Not communicating in writing: Important deadlines and objections were only discussed verbally.

How to respond

First give the landlord a written deadline to provide the settlement and receipts. State clearly which amounts you accept and which you object to. If the deadline passes, you can consider legal action; the ZPO applies to filing a lawsuit.^[2]

FAQ

How long can the landlord withhold the deposit?

The landlord may withhold the deposit until legitimate claims have been reviewed; in practice this often means several weeks to a few months, depending on the effort required.

What receipts must the landlord provide?

Invoices, estimates and photos that demonstrate specific costs and damages; flat or estimated amounts are usually insufficient.

Where do I turn in case of a dispute?

The local court (Amtsgericht) is competent for disputes; higher instances are the Landgericht and the BGH creates case law.^[3]

How-To

1. Document: collect photos, the handover protocol and all invoices.
2. Written deadline: ask the landlord by letter or email to provide the settlement.
3. Wait the deadline: give a clear deadline (e.g. 14 days) and state consequences.
4. If necessary sue: file a claim at the local court; observe ZPO formalities.^[2]
5. Seek help: contact advisory services or a lawyer if deductions are unclear or large.

Help and Support

• BGB (Tenancy law) - gesetze-im-internet.de
• ZPO (Procedural law) - gesetze-im-internet.de
• Federal Court of Justice (BGH) - bundesgerichtshof.de

1. [1] §§ 535–580a BGB (Tenancy law) - gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) - gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) - bundesgerichtshof.de