Security Deposit Return: Tenants in Germany

As a tenant in Germany, you can limit the withholding of your security deposit if you systematically collect evidence and observe deadlines from the start. Document the apartment condition at move-in and move-out with photos, written reports and witnesses; keep receipts for repairs and invoices. Notify the landlord of defects in writing in good time and request a deadline for remediation. If the landlord withholds large parts of the deposit without justification, a stepwise demand with evidence and, if necessary, a lawsuit at the local court can help.^[2] This guide shows practical steps, sample wording for letters and which official forms and legal bases you should know in Germany.^[1]

What you should do

Targeted documentation and clear communication reduce the risk that the landlord withholds the deposit excessively. Keep a file from the start: photos, handover protocol, invoices and all correspondence. Note deadlines and landlord responses.

• Take and date photos of the condition at move-in and move-out.
• Have handover protocols signed and keep a copy.
• Collect invoices, receipts and cost estimates for repairs.
• Send all communications to the landlord in writing and have receipt confirmed.

Forms, deadlines and legal basis

The German Civil Code (BGB) and the Code of Civil Procedure (ZPO) are central for claims regarding withheld deposits: tenant rights on cosmetic repairs, damages and repayment are in the BGB.^[1] If the landlord does not respond, the payment order (Mahnverfahren) is a quick means of enforcing payment; there are standardized forms and procedures under the ZPO.^[2] In complex disputes courts decide, and decisions of the Federal Court of Justice often clarify the interpretation of deposit rules.^[4]

Frequently Asked Questions

What can the landlord deduct from the deposit?

The landlord may deduct legitimate claims for unpaid rent, proven damage or necessary repairs, but must substantiate and justify these deductions.

How long does the landlord have to return the deposit?

There is no fixed statutory deadline, but in practice courts expect a few months for assessing claims; contact the landlord in writing and set a deadline.

When should I go to court?

If the landlord does not pay despite a deadline or deductions are not plausibly explained, a payment order or lawsuit at the local court may be necessary.^[3]

How-To

1. Create documentation at move-in and keep a copy of the handover protocol.
2. Document condition again at move-out, record defects and set a remediation deadline for the landlord.
3. Gather invoices and receipts for repairs and make them available to the landlord.
4. Set a written payment deadline for the deposit and announce intent to initiate enforcement proceedings.
5. If the landlord still does not pay, file a payment order or a claim at the competent local court.^[3]

Help and Support / Resources

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

1. [1] Bürgerliches Gesetzbuch (BGB) auf gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) auf gesetze-im-internet.de
3. [3] Informationen zum Mahnverfahren und Gerichten auf justiz.de
4. [4] Bundesgerichtshof (BGH) – Entscheidungen