Security Deposit for Tenants: Partial Refund Germany

As a tenant in Germany, it is important to know how the security deposit is accounted for transparently after moving out and when a partial refund is permitted. This text explains in plain language which deadlines apply, which deductions a landlord may make, and how you can demand a fair final accounting. You will receive practical tips on which receipts and photos are useful, how a sample letter for reclaiming the deposit is structured, and which courts are responsible in case of a dispute. The information refers to relevant laws such as the BGB and to typical procedures at the local court so that you can assert your rights as a tenant in Germany confidently and prepared.

What tenants can expect with partial refund

In principle, the landlord may only withhold amounts from the deposit that actually occurred and are demonstrable. Common items are arrears for outstanding utility bills or costs for a proven repair. Request a detailed accounting and receipts before agreeing to any offset. A reference to the statutory provisions helps: the duties of landlord and tenant are regulated in the BGB.^[1]

What is typically deducted

• Costs for proven repairs or removal of damage to the apartment.
• Outstanding utility bills and claims not paid by the tenant.
• Deductions only with receipts, invoices or cost estimates.

Deadlines and timeframes

There is no uniform statutory deadline for repayment, but the landlord must account in a reasonably timely manner. In practice, deadlines of a few weeks up to six months are often mentioned, especially if utility bills are still outstanding. If a legal dispute arises, the procedural rules of the ZPO apply.^[2]

Practical steps to claim a partial refund

If you claim a partial refund or want to correct an unclear accounting, a structured approach with a sample letter, setting a deadline and requesting receipts is recommended. Remain factual, request concrete receipts and set a written deadline for clarification. If the landlord does not respond sufficiently, the matter can be taken to the local court.

Quick template steps

1. Written sample letter to the landlord requesting a detailed accounting and setting a deadline (e.g. 14 days).
2. Collect evidence: move-out report, photos, proof of payments for rent and utilities.
3. If unclear, contact the landlord in writing and document the course of the conversation.
4. If no agreement, consider filing a claim at the competent local court (eviction or payment claim) or seek legal advice.

FAQ

When must the deposit be refunded fully or partially?

The deposit must be refunded once outstanding claims are clarified; a partial refund is possible if only part of the amount is withheld and the remaining claims are explained.

What proofs does the landlord need for deductions?

The landlord needs concrete evidence such as invoices, cost estimates or proofs of outstanding utility bills to justify deductions.

Where can I turn if the landlord does not pay?

You can file a claim at the locally competent district court; beforehand, a written request with a deadline is sensible and often helpful.

How-To

1. Draft a written sample letter with a request for repayment and a clear deadline (e.g. 14–30 days).
2. Gather evidence: move-out report, photos of defects, proof of payments and utility bills.
3. Contact the landlord in writing and document every reply; send a reminder if necessary.
4. If the landlord still does not comply, prepare a claim at the district court and present all evidence.

Help and Support / Resources

• BGB §535 ff. (Tenancy law)
• ZPO (Code of Civil Procedure) – procedural rules
• Federal Court of Justice (BGH) – decisions

1. [1] BGB §535 ff. (Mietrecht)
2. [2] ZPO (Zivilprozessordnung) – Verfahrensregeln
3. [3] Bundesgerichtshof (BGH) – Decisions