Security Deposit Statement - Tenants in Germany

As a tenant in Germany, you should carefully check the security deposit statement when moving out: which items can be offset, which deadlines apply, and which receipts the landlord must provide. This guide explains in plain language how to review deductions, write objections, and prepare legal steps if necessary. We name relevant sections of the BGB and explain how the local court or higher instances can decide a dispute. The goal is for you to claim your deposit in a traceable, timely and legally secure way while avoiding common mistakes.

Deposit Statement: Basics

A complete deposit statement should list individual items, justify amounts and include receipts. As a tenant, pay special attention to time periods, service charge statements and proof obligations.^[1]

Key Terms

• Deposit (Kaution): check origin, amount and legal limits.
• Receipts (Belege): request and copy receipts and invoices.
• Deadlines (Fristen): demand refund within a reasonable time after moving out.

If the landlord claims deductions, request a detailed written breakdown and receipts. Check especially whether repairs are actually required and proportionate or whether normal wear and tear applies.

Practice: Requesting the Statement

1. Request a written statement with amounts and receipts.
2. Compare deductions with invoices and estimates.
3. Set a deadline for submitting missing receipts.
4. Write a short objection if items are unclear.
5. Prepare documents if court action at the local court becomes necessary.

What to Do in a Dispute: Courts and Jurisdiction

When no agreement is possible, the local court (Amtsgericht) handles most tenancy disputes; appeals go to the regional court and, for precedent, to the Federal Court of Justice.^[2]

For questions on service charge shares, also check the relevant service charge and heating cost regulations as they contain specific accounting rules.^[3]

FAQ

When must the landlord return the deposit?

The landlord must return the deposit after the tenancy ends and after waiting for any necessary settlements within a reasonable time; exact deadlines depend on case law.

Which deductions are permitted?

Permitted deductions are proven damages exceeding normal wear and outstanding claims such as service charge arrears, provided they are documented.

What can I do if the landlord does not respond?

Send a written reminder with a deadline and prepare to file a claim at the local court; collect all supporting documents.

How-To

1. Review the statement item by item and note discrepancies.
2. Request missing receipts in writing within a reasonable deadline.
3. Make copies of all documents and photos of the apartment condition.
4. Contact tenant advice services or legal aid if unsure.
5. If necessary, file a claim at the competent local court.

Help and Support

• BGB: Provisions on tenancy on gesetze-im-internet.de
• Federal Court of Justice (BGH) decisions
• ZPO: Civil procedure rules on gesetze-im-internet.de

1. [1] Bürgerliches Gesetzbuch (BGB) on gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) on gesetze-im-internet.de
3. [3] Betriebskostenverordnung (BetrKV) on gesetze-im-internet.de
4. [4] Bundesgerichtshof (BGH) on bundesgerichtshof.de