Security Deposit Checklist for Tenants in Germany

As a tenant in Germany, it is common to expect a partial or full refund of the security deposit after moving out. This guide helps you create a checklist, set deadlines and compile the right proof so you can assert your refund claims in good time. We explain clearly which documents are important, how to correctly formulate a written demand and what steps follow if the landlord returns only a partial amount or does not respond. The guidance is based on relevant legal foundations and is aimed at non-lawyers; practical templates, deadlines and contact points for complaints are named so that you as a tenant can safely exercise your rights in Germany.

What to do in case of partial deposit refund?

First check in writing which items the landlord claims (damages, outstanding utility costs, rent arrears). Request a detailed statement of account and refer to the applicable provisions of the German Civil Code (BGB) on tenancy obligations and refund.^[1]

Checklist: Documents & Deadlines

• Copy the tenancy agreement and check the deposit agreement.
• Gather handover protocol, photos and defect records.
• Check the deposit account statement and collect evidence for deductions.
• Send a written demand for repayment with a clear deadline (e.g. 14 days).
• Provide bank details and specify the partial amount.

Requesting & Deadlines

Write a short, factual demand as a letter or email with a deadline and specific deadline date; name the refund amount and attach evidence. If the landlord does not respond, send a reminder and announce that you will initiate legal steps if necessary.

If the landlord does not pay

• Ask again in writing and, if appropriate, exclude a deadline extension.
• Send a final reminder with a deadline and a note that you may file a claim at the local court.
• If necessary, file a claim at the competent local court; tenancy disputes are heard there.^[2]

FAQ

What is a partial refund?

A partial refund occurs when the landlord returns only part of the deposit after moving out, usually due to alleged damages or outstanding costs.

How long does the landlord have to refund?

There is no statutory fixed deadline for deposit refunds; usually an accounting and refund is expected within a few weeks to months, depending on the settlement of utility costs.^[1]

What documents do I need to make a claim?

Tenancy agreement, handover protocol, deposit account statement, photos and any receipts or invoices that support your objections.

How-To

1. Draft a written demand: state the amount, deadline (e.g. 14 days) and bank details.
2. Attach evidence: handover protocol, photos and account statements.
3. Wait for the deadline and if there is no response, send a reminder.
4. If payment still fails, prepare a claim at the local court.

Key Takeaways

• Keep the handover protocol and photos as primary evidence.
• Set clear written deadlines to prompt action.
• Always state bank details and the requested partial amount to avoid delays.

Help and Support / Resources

• Civil Code (BGB) – Gesetze im Internet
• Information on local courts – Justiz
• Federal Ministry of Justice (BMJ) – Forms and information

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Information on local courts – Justiz
3. [3] Federal Ministry of Justice (BMJ) – Forms and information