Security Deposit for Furnished Rentals: Tenant Law Germany
Many students live in furnished accommodation and wonder how the security deposit can be adjusted when changes to the tenancy occur during ongoing proceedings. This text explains in plain language what rights tenants have in Germany, which deadlines must be observed and which documents help enforce claims. You will receive practical steps for communication with the landlord, advice on deposit management and examples of how to use forms sensibly. If proceedings are pending in court, the article describes which immediate measures students can take to demonstrate their ability to pay and clarify the deposit handling.
What applies to deposits and furnishing?
Basically, the security deposit remains collateral for the landlord's claims; the legal basis can be found in the BGB for tenancy agreements and deposit rules[1]. For furnished apartments, the exact scope of allowable ancillary costs and the reasonableness of the deposit amount may be disputed. Tenants should check whether the deposit is kept in a separate deposit account and whether there is a contractual agreement on furnishings and wear and tear.
When may the landlord adjust the deposit?
A subsequent increase of the deposit is only possible if it was contractually agreed or a consensual amendment is made. If proceedings are pending, for example concerning damages or rent arrears, this affects deposit availability and may lead to judicial review; court actions follow the rules of the Code of Civil Procedure (ZPO)[2]. For students it is important: communicate in writing, provide receipts and ask for an interim arrangement for release or blocking of the deposit.
- Check deadlines immediately and document any deadline notices.
- Collect deposit account statements and payment receipts.
- Secure photos, handover records and invoices as evidence.
- Archive written requests and responses.
Forms, templates and practical examples
Important forms include, for example, the complaint (Klageschrift) under the ZPO (for eviction or claims) and informal template letters for demanding the deposit refund. A practical example: Student A sends the landlord an informal letter with a deadline for the deposit refund and attaches photos of the apartment condition; at the same time A prepares the complaint in case the landlord does not respond on time. State the exact amounts claimed in the letter and attach proof of payment.
Frequently Asked Questions
- Can the landlord withhold the deposit entirely because of furnishing?
- No. The landlord may only settle legitimate claims from the deposit; a blanket withholding must be justified and evidenced.
- What should I do if the landlord does not return the deposit?
- Send a written reminder with a deadline, attach evidence and consider filing a lawsuit if there is no response. Most often, a claim is filed at the local court (Amtsgericht). [2]
- Is there special protection for students?
- Students do not have a special status under tenancy law, but financial disadvantages may be taken into account by courts in some cases; early advice is recommended.
How-To
- Check deadlines immediately and set a written deadline for the landlord to refund the deposit.
- Collect all evidence: handover protocol, photos, payment receipts and correspondence.
- Prepare a template letter demanding the deposit refund and send it with proof of delivery.
- Seek legal advice at the local legal filing office or student legal counsel.
- If necessary, file a lawsuit at the competent local court and follow the ZPO requirements.
Help and Support
- Bürgerliches Gesetzbuch (BGB) – Main text
- Code of Civil Procedure (ZPO) – Proceedings
- Federal Court of Justice (BGH) – Case law
