Security Deposit Holdbacks: Tenants in Germany

Many tenants in Germany face the problem of their landlord withholding part or all of the security deposit when they move out. This creates uncertainty: which deductions are lawful, how to secure evidence, and which deadlines apply? This practical guide explains clearly when a deposit holdback is permissible, which documents you should collect, and how to formally demand repayment. You will also find an easy-to-use checklist for evidence, advice on the payment order procedure and the competent courts so you can assert your rights even without legal expertise.

Why landlords may withhold the deposit

A landlord in Germany may deduct from the deposit only if he has legitimate claims under the rental agreement or for damages. Typical reasons are outstanding utility cost adjustments, unremedied damages or cleaning costs beyond normal wear and tear. The relevant rules are in the BGB and court decisions.^[1]

Which evidence tenants should collect

Systematically collect all documents at move-out that show the condition of the apartment and any agreements. This makes enforcing your claim much easier.

• Photos and videos from the handover appointment with visible date and time.
• Handover protocol signed by tenant and landlord.
• Receipts for paid rent and deposit and bank statements.
• Written demands for repayment and any responses from the landlord.

Practical checklist before moving out

1. Arrange and record the handover appointment with the landlord.
2. Take photos of all rooms and any damages.
3. Have the handover protocol signed and keep a copy.
4. Document the deposit account and keep proof of payments.

How to demand repayment

Send a formal repayment demand to the landlord with a deadline and attachments. State the exact amount requested and include copies of the documents. If there is no response, the next step is often the payment order (Mahnverfahren) or a lawsuit at the competent local court.^[2]

Who decides in disputes: courts and practice

Many tenancy disputes are handled by the local court (Amtsgericht); appeals go to the regional court (Landgericht) and fundamental legal questions to the Federal Court of Justice (BGH). Decisions rely on §§ 535–580a BGB and the ZPO for procedural matters.^[1][2]

Frequently Asked Questions

May the landlord withhold the entire deposit until the final utility statement?

No, the landlord may only withhold a reasonable amount; a complete retention without concrete claims is not permissible.

How long does the landlord have to assert deductions?

There is no fixed deadline for all cases; in practice three to six months after the billing situation are often used; if in doubt, you should demand repayment in writing in time.

Where can I turn if the landlord does not pay?

You can initiate a payment order (Mahnverfahren) or file a lawsuit at the local court; courts and the BMJ provide guidance.

How-To

1. Collect all relevant receipts, photos and the handover protocol.
2. Send a formal repayment demand with a deadline (e.g., 14 days) by registered mail.
3. If payment is not made, apply for a payment order or file a lawsuit at the local court.
4. Prepare your evidence for hearing or settlement and bring copies of all documents.

Key Takeaways

• Thorough documentation improves chances of full repayment.
• Formal written deadlines are often decisive for enforcement.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Bundesgerichtshof (BGH) decisions in tenancy law
• BMJ: forms and procedural guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Bundesgerichtshof (BGH) Entscheidungen
3. [3] Bundesministerium der Justiz – Formulare