Security Deposit Holds: Tenants' Rights in Germany

As a tenant in Germany, getting your security deposit back after moving out is a common dispute. Landlords may retain parts of the deposit only for valid reasons such as proven damages or outstanding rent claims. It is important for you as a tenant to collect evidence systematically: payment receipts, photos of the condition at move-out, handover records and written correspondence. These documents reduce the risk of an unjustified deposit hold and make enforcement at the local court easier. In this article you will learn which deadlines apply, which evidence helps, how to formally request repayment and when court action becomes necessary. The guidance is based on German law and practical steps for tenants.

Legal basis briefly explained

The claim for return of the deposit is governed by the provisions of the German Civil Code (BGB), in particular the rights and duties arising from the tenancy.^[1] Proceedings for filing a lawsuit and eviction follow the rules of the Civil Procedure Code (ZPO).^[2] As a tenant you should know that blanket withholdings by the landlord without proof are not legally compliant.

When may the landlord withhold?

Typical legal reasons are:

• outstanding rent claims or operating cost arrears (deposit, rent arrears)
• proven damages beyond normal wear and tear (repair)
• missing handover records that make it difficult to substantiate replacement claims (form)

Which evidence helps tenants?

Collect at latest when moving in and out the following documents:

• Photos and videos of the apartment condition (evidence)
• Payment receipts for the tenancy and proof of the deposit account (receipt, deposit)
• Handover record with date and signatures (form)
• Written correspondence by email or letter; avoid only oral agreements (call)

Concrete tenant actions

If the deposit is not returned in full, do the following: prepare a written demand for repayment with a deadline, attach copies of your evidence and state that you will consider legal action. Set a reasonable deadline (e.g. 14–30 days). If there is no response, you can file a lawsuit at the local court (Amtsgericht); tenancy disputes are first heard there.^[3]

Forms and templates

There is no nationwide uniform "deposit return form," but the following official sources and templates can help:

• Formal written demand as an informal letter (reminder); template texts can be found at official sources and consumer sites.
• Filing a lawsuit at the local court: the complaint form follows the ZPO requirements (see legal source).^[2]
• In unclear cases: consult tenant associations or lawyers before filing suit.

FAQ

How long may the landlord retain the deposit?

There is no fixed statutory deadline; the accounting and repayment must be carried out within a reasonable period. Many courts consider up to six months usual if the landlord needs to verify claims.

Which documents are most persuasive?

Photos at move-in and move-out, signed handover records, bank statements for the deposit account and all written agreements are most persuasive.

When is going to the local court appropriate?

If the landlord does not pay despite written demand or withholds amounts without justification, filing a claim at the local court is the next step.

How-To

1. Collect evidence: photos, payment receipts and the handover record (evidence).
2. Send a formal demand for repayment with a deadline and attach copies of evidence (e.g. within 14 days).
3. Send reminders and document all contacts.
4. Wait for the deadline to pass and evaluate the landlord's response.
5. If necessary, file a lawsuit at the local court and present your evidence (court).
6. Use the court hearing to submit your documentation and argue your claim.

Key Takeaways

• Early and complete documentation increases the chances of success.
• Written demands with deadlines often prompt repayment.
• If necessary, the local court is the place to enforce your claim.

Help and Support / Resources

• BGB – German Civil Code (gesetze-im-internet.de)
• ZPO – Civil Procedure Code (gesetze-im-internet.de)
• Federal Court of Justice – decisions and info (bundesgerichtshof.de)

1. [1] BGB (German Civil Code) — gesetze-im-internet.de
2. [2] ZPO (Civil Procedure Code) — gesetze-im-internet.de
3. [3] Justice Portal Germany — information on courts (justiz.de)
4. [4] Federal Ministry of Justice and Consumer Protection — BMJ (bmj.de)