Security Deposit: Partial Refund on Move-Out in Germany
Many tenants in Germany face the question of how much of the security deposit they will actually get back when moving out. Landlords may withhold parts of the deposit under certain conditions, for example to cover outstanding utility bills, to settle justified damage claims, or as a security reserve for later claims. This article explains in plain terms which legal rules apply, which deadlines tenants must observe and which documents you should collect to demand a correct partial refund. You will also find a step-by-step guide, sample actions in case of disputes and notes on which courts handle tenancy disputes.
How partial security deposit refunds work
The deposit serves as security for the landlord. After the tenancy ends, the landlord first checks whether utility bills are still outstanding or if damages exist. Any justified deduction must be comprehensible: amount, reason and proof. If the landlord returns only part of the deposit, a clear statement is required. The legal basis for refund obligations is primarily the tenancy law provisions in the BGB.[1]
Which deductions are common?
- Outstanding utility charges for past billing periods if invoices remain unpaid.
- Documented damages that exceed normal wear and tear and are evidenced by cost estimates.
- Short-term security margins for expected claims, but only in a reasonable amount.
How tenants request a partial refund
Proceed in writing: request the refund by registered mail or email with delivery/read receipt and set a concrete deadline (e.g. 14 days) for the transfer. Attach evidence: handover protocol, photos, bank statements, utility bill. Request an itemized list of all withheld amounts so you can check their validity. If the landlord does not respond, a reminder and later a lawsuit at the competent local court may follow.[2]
Example: calculating a partial refund
Example: Deposit 3,000 €, landlord withholds 500 € for a documented repair and 200 € as a reserve for utilities. The landlord must transfer 2,300 €. Check each item and request evidence. If a deduction is unclear, ask for a written explanation.
What to do in case of dispute
If an amicable solution fails, consider these steps:
- Send a formal payment demand with a deadline and threat of legal action.
- Use free local advice (municipality, tenants' association) to check your claims.
- If necessary, file a claim; tenancy disputes are often heard first at the local court, and later appeals can go to the higher regional court or the Federal Court of Justice.[3]
Frequently Asked Questions
- How long may the landlord withhold the deposit?
- The landlord may withhold the deposit only as long as necessary to clarify legitimate claims; blanket withholding periods are not automatically permissible.
- Can I hire a lawyer?
- Yes, for larger amounts or unclear legal situations, legal advice is advisable; for small claims, a lawsuit at the local court can be a quick solution.
- Are there sample forms for refund requests?
- There is no uniform government-mandated form; use a written letter with reference numbers and a deadline.
How-To
- Check your documents: tenancy agreement, deposit receipt, handover record and utility bill.
- Send a written request for the partial refund with an itemization of withheld amounts and set a clear deadline (e.g. 14 days).
- Collect evidence: photos, cost estimates, bank statements; organize them chronologically.
- Use local advice (municipality, tenants' association) and document all correspondence.
- If necessary, file a claim at the competent local court; follow procedural rules and deadlines of the ZPO.[2]
Help and Support
- Bürgerliches Gesetzbuch (BGB) – Tenancy and damages
- Zivilprozessordnung (ZPO) – Civil procedure rules
- Bundesgerichtshof (BGH) – Court decisions
