Security Deposit Rights for Tenants in Germany

Many tenants in Germany face the question after moving out of how to get an excessive withheld security deposit back. This guide explains in practical terms how to limit deposit withholding, document promptly and collect evidence to enforce claims. I describe which deadlines apply, which documents help (payment receipts, handover protocol, photos) and which official steps are possible — from a formal reminder to a lawsuit at the local court. The language remains simple and the examples are tailored to everyday situations of tenants. This way you can confidently check which rights you have in Germany and which forms or courts are responsible in disputes.

When is withholding a deposit allowed?

A landlord may use parts of the deposit only to offset concrete claims. The most common reasons in practice are:

The legal basis is in §§ 535–580a of the German Civil Code.

• Damage to the apartment that goes beyond normal wear and tear (e.g. defective sanitary installations or larger wall damage).
• Outstanding rent or utility cost demands that can be substantiated.
• Missing agreed returns (e.g. keys, furniture) if documented in the handover protocol.

How to document withholding correctly?

Good documentation is crucial: collect receipts, record the handover and meet deadlines. Without clean evidence, withholdings are difficult to justify.

• Keep payment receipts of the deposit and all rent payments (bank statements, receipts).
• Create a handover protocol with meter readings and room condition and have both parties sign it.
• Take photos with timestamps of defects or the condition of the apartment; keep the original files.
• Set deadlines in writing: notice and deadline for repayment (date, acknowledgment of receipt if possible).
• Conduct important communication by registered mail or by email with read receipt and keep copies.

Forms and official steps

If the landlord does not pay within the set deadline, possible steps are: a written reminder, initiating the payment order (Mahnbescheid) or filing a lawsuit at the competent local court. Court steps are governed by the rules of the Code of Civil Procedure (ZPO). The local court (Amtsgericht) is usually competent for tenancy disputes.

Relevant forms and templates (examples):

• Payment order (Mahnbescheid) – to initiate a payment procedure if the landlord does not respond to reminders; example use: request deposit repayment and set a final 14-day deadline.
• Lawsuit at the local court (complaint form) – if the payment order is unsuccessful; attach evidence and the handover protocol.
• Termination/claim letter template – as a formal demand for repayment before further steps.

Frequently Asked Questions

How long may the landlord withhold the deposit?

The landlord must repay the deposit after accounting within a reasonable time; often a period of a few months is expected, but utility accounting can extend this in individual cases.

What can I do if the landlord does not pay?

Set a written deadline for repayment, send a payment order if necessary and consider filing a lawsuit at the local court with evidence.

Can the landlord withhold the entire deposit for small defects?

No. A withholding must be specifically justified and proportionate in amount; normal wear and tear is not a reason for full withholding.

How-To

1. Collect all evidence: deposit receipt, rent payments, handover protocol, photos.
2. Send a formal demand for repayment by email or letter with a deadline (e.g. 14 days) and document the dispatch.
3. If there is no response, file a payment order (Mahnbescheid) or start the judicial payment procedure.
4. If unsuccessful, file a lawsuit at the competent local court and attach all evidence.

Help and Support / Resources

• §§ 535–580a BGB — Gesetze im Internet
• Justizportal of the Federal Government and the Länder — Information on courts
• Federal Court of Justice (BGH) — Decisions

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1. [1] §§ 535–580a BGB — Gesetze im Internet
2. [2] ZPO — Zivilprozessordnung (Example Section) — Gesetze im Internet
3. [3] Justizportal of the Federal Government and the Länder — Information on courts