Security Deposit Holdback for Tenants in Germany

Many tenants in Germany experience that their security deposit is not fully returned after moving out. This can happen when the landlord deducts alleged damages, outstanding utility charges or cleaning costs from the deposit. As a tenant you should know deadlines, evidence and your right to a deposit account so you can avoid improper holdbacks. This article explains in plain language which documents help (photos, handover protocol, payment records), which deadlines apply and how to act step by step — from the demand for repayment to filing a claim at the local court. Practical examples and references to key legal sources help you act confidently and securely. Read which concrete proofs often decide cases and how to document dates and deadlines reliably.

How the Deposit Holdback Works

Landlords may only withhold parts of the deposit for legitimate claims, such as proven repair costs or outstanding operating cost charges ^[1]. Flat-rate or arbitrary deductions are not permitted; the accounting must be comprehensible.

Important Evidence

• Photos of the condition at move-out
• The signed handover protocol
• Payment records for rent and deposit payments
• Invoices and cost estimates for claimed repairs
• Written communication with the landlord

What to Do if the Landlord Withholds

Proceed in stages: first send a written demand for repayment with a deadline (for example 14 days), then a registered letter if unanswered, and finally file a claim at the competent local court ^[3]. For a court claim, follow the rules of the Code of Civil Procedure and the requirements for the complaint ^[2].

• Written demand with deadline: Request payment in writing and attach copies of your evidence.
• Set a deadline: Provide a clear deadline and document dispatch and receipt.
• Final reminder by registered mail: This creates verifiable proof for court.
• Claim at the local court: File a claim if previous steps fail; see the Code of Civil Procedure ^[2] and court information ^[3].

FAQ

How much may the landlord withhold from the deposit?

The landlord may only deduct legitimate claims such as verified repair costs or outstanding operating cost charges; blanket deductions are not permitted.

What deadlines apply for returning the deposit?

There is no fixed statutory deadline, but case law often requires a reasonable accounting period; many courts use six months as a guideline depending on accounting complexity.

Which evidence increases the chance of a full refund?

Photos, the handover protocol, bank statements of rent payments, invoices for repairs and written communication with the landlord are crucial.

How-To

1. Collect all evidence: photos, protocols and payment records.
2. Send a formal demand for repayment with a deadline.
3. Send reminders documented (registered mail) and track dates.
4. If necessary, file a claim at the competent local court.

Help and Support / Resources

• Gesetze im Internet: BGB (German Civil Code)
• ZPO §253: Complaint and filing rules
• Justizportal of the Federal Government and the Länder

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1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] ZPO §253: Klageschrift und Klageerhebung
3. [3] Justizportal des Bundes und der Länder
4. [4] Bundesgerichtshof: Decisions