Security Deposit Checklist for Tenants in Germany

As a tenant in Germany it is important to know how you can limit the withholding of your security deposit. This practical guide explains in plain language which receipts and documents you should collect, which deadlines to observe and how to proceed formally with the landlord. You will learn when deductions are lawful, how to provide proof of damage and which steps help secure evidence – including template forms and notes on the deposit account. Even if a dispute looms, well documented records and the correct approach before a court or local court can improve your chances. This text is aimed at tenants without legal training and offers clear, practical steps for everyday situations.

What is security deposit withholding?

Security deposit withholding refers to the landlord retaining part or all of the deposit to secure claims, for example for damages or utility costs. Legal bases can be found in the BGB, in particular regarding landlord and tenant obligations.^[1]

Checklist: Documents and steps

• Proof of deposit payment (transfer receipt or bank statement; deposit proof).
• Handover protocol and photos from move-in and move-out (date and visible damage; evidence photos).
• Invoices and cost estimates for repairs as well as receipts for completed repairs.
• Correspondence with the landlord: e‑mails, letters and notes about conversations (notice, mail records).
• Observe deadlines: set a written deadline for settlement of the deposit (within 30–90 days depending on the case).
• Arrange and record inspection/acceptance appointments (inspect appointment).
• On move-out: document key handover and obtain confirmation (move-out protocol).

Forms and templates

Certain forms and templates can help with the practical process. Examples:

• Payment order / default summons (application for issuance of a Mahnbescheid) – if the landlord refuses repayment and payment obligation exists; example: set a deadline, send a written payment request, then apply for the Mahnbescheid.^[3]
• Lawsuit for return of the deposit at the competent local court – if the collection procedure is insufficient; submit your collected evidence and photos as attachments.
• Handover protocol (evidence preservation protocol) – document date, meter readings, visible defects and the condition of rooms.

Which courts and rules apply?

Claims for return of the deposit are usually heard before the competent local court; for legal questions and precedents the Federal Court of Justice decides.^[3][2] The legal basis is in the BGB, e.g. regarding landlord duties and settlement rules.^[1]

FAQ

How long does the landlord have to settle the deposit?

There is no fixed statutory period; in practice up to six months are common; in complex cases courts may accept up to twelve months.^[1]

Can the landlord deduct amounts for cleaning or renovation?

Only for damage that goes beyond normal wear and tear and is actually proven. Flat-rate deductions are not permitted.

What can I do if the landlord does not pay?

First send a written payment request with a deadline, document all records, if necessary apply for a Mahnbescheid and, if required, file a lawsuit at the local court.^[3]

How-To

1. Collect documents: bank statements, handover protocols, photos and invoices.
2. Send a written payment request to the landlord and set a clear deadline.
3. Wait the set deadline and check the landlord's response; provide additional documents if necessary.
4. If no agreement is possible, apply for a Mahnbescheid or file a lawsuit at the local court.
5. Prepare for court: organize files, present evidence and attend hearings; the local court is the first instance.

Help & Support / Resources

• Gesetze im Internet – BGB §§ 535–580a
• Bundesgerichtshof (BGH) – Decisions on tenancy law
• Justice portal – information on courts and procedures

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Bundesgerichtshof (BGH) – Decisions on tenancy law
3. [3] Justice portal – local courts and Mahnverfahren