Security Deposit: Partial Refunds for Tenants in Germany
Many tenants in Germany wonder how to properly allocate a partial refund of the security deposit and receive it on time. This article explains in clear steps what rights you have as a tenant, how the deposit account is managed, which proofs are important and which deadlines apply. I describe practical steps for documenting damage, demanding refunds and dealing with landlord withholdings. I also name relevant laws such as the BGB, typical forms and the competent courts. The language remains easy to understand so you can act quickly and protect your claims in Germany. If necessary, I show how to meet deadlines and correctly fill out sample forms.
What you need to know
As a rule, the landlord is entitled to offset outstanding claims against the deposit; at the same time, tenants are entitled to repayment of the unused portion. First check your lease and document the condition when moving out carefully. Legal bases can be found in the BGB.[1]
Key points on partial refunds
- Check refund amount (rent) — compare actual damages with the withheld amount.
- Collect evidence (evidence) — photos, handover protocol and invoices are crucial.
- Observe deadlines (deadline) — demand the refund within common timeframes.
- Send a written request (form) — request the partial refund by letter or email.
If the landlord does not explain the amount or withholds it unjustifiably, you can send a formal payment request and, if necessary, take legal action. Local courts (Amtsgerichte) are competent in tenancy disputes.
What is important in contracts and on the deposit account
Many disputes arise because the deposit account is not clearly named or credited with interest. Request proof of account setup and interest and note all payments. If unclear, the ZPO may become relevant if court proceedings are necessary.[2]
Practical steps
- Check the handover protocol with photos (evidence).
- Request the partial refund in writing and a breakdown of deductions (form).
- Seek contact (call) — try to find an amicable solution with the landlord.
If the landlord insists on an unjustified withholding, you can file a claim at the local court; important precedents may reach the Federal Court of Justice (BGH).[3]
Frequently Asked Questions
- When am I entitled to a partial refund of the deposit?
- You are entitled to a refund if, after legitimate deductions by the landlord, a remainder exists; this should be paid out promptly.
- What deadlines apply for the refund?
- There is no uniform national deadline in law; in practice, a few weeks up to six months are common depending on review requirements.
- What can I do if the landlord does not pay?
- Send a payment request in writing, collect evidence and, if necessary, initiate court proceedings at the local court.
How-To
- Check the lease and note the deposit amount (deadline).
- Create a handover protocol with photos (evidence).
- Request the partial refund in writing and a breakdown of deductions (form).
- Set a clear deadline for payment (call).
- If the landlord does not respond, file a claim at the local court (court).
