Security Deposit Claims in Germany: Tenant Checklist

As a tenant in Germany, it is important to know how to limit a withheld security deposit and demand its return securely. This guide clearly explains your rights under tenancy law, which deadlines apply, which receipts and photos help, and when a payment order or a proceeding at the local court (Amtsgericht) makes sense. We show practical steps for communicating with the landlord, which official forms you can use and how to collect evidence systematically. The information is based on central provisions of the BGB and the jurisdiction of local courts in rental disputes.^[1][2] At the end you will find a checklist, a short step-by-step procedure and notes on which official bodies and courts are responsible so that you can enforce your rights as a tenant effectively.

What to do if the deposit is not fully repaid?

First check the landlord's justification: deductions are only permitted for legitimate claims such as unpaid utility costs or necessary repairs. Pay attention to deadlines and request repayment in writing.

• Check deadlines: Determine when the tenancy ended and whether the landlord accounted within a reasonable period.
• Collect evidence: Gather the handover protocol, photos, payment receipts and repair invoices as proof.
• Send a written demand: Set a clear deadline for repayment and document the dispatch.
• Consider court action: If the landlord does not respond, a claim at the local court may follow.

Evidence, communication and forms

Systematic documentation increases your chances: record date, time and involved persons when documenting defects. There are no uniform nationwide templates for many steps, but justice portals provide forms and guidance for payment orders or lawsuits.

• Handover protocol: Note condition and possible damages when moving out.
• Correspondence: Send demands by letter or email and keep proof.
• Deadlines: Set a reasonable payment deadline (e.g. 14 days) and document it.
• Payment order: If payment is missing, a payment order may be appropriate.^[3]

Practical notes before court

If it goes to court, the local court is usually the first instance for many rental disputes. Prepare your documents in an orderly fashion: chronological evidence, handover protocol and photos are decisive. A clear, concise statement helps the court assess your claim.

FAQ

How long does the landlord have to repay the deposit?

There is no fixed nationwide deadline in the BGB, but in practice an accounting period of a few months is usual; open utility bills can lead to a longer review period.

Which documents help with the claim?

Handover protocol, photos of the apartment condition, proof of deposit payment, invoices for repairs and correspondence with the landlord are important.

When is the local court (Amtsgericht) competent?

The local court is usually competent for civil disputes about rental deposits and claims up to the applicable monetary jurisdictional limit.

How-To

1. Check deadlines: Note the move-out date and start monitoring deadlines immediately.
2. Document: Gather the handover protocol, photos and payment receipts.
3. Send demand: Draft a written demand for repayment with a deadline.
4. Consider legal action: If the landlord is uncooperative, consider a payment order or claim at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§535–580a - Gesetze im Internet
• Justizportal Germany – information on courts and jurisdictions
• Federal Court of Justice (BGH) – important tenancy rulings

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a - Gesetze im Internet
2. [2] Justizportal Germany – information on courts and jurisdictions
3. [3] Payment orders and forms – Justizportal Germany