Security Deposit Withholding at Move-Out in Germany

Many tenants in Germany wonder at move-out whether and to what extent a landlord may withhold the security deposit. This article explains in plain language tenants' key rights, which landlord claims may be offset against the deposit, typical deadlines, and which documents you should collect to enforce your repayment claim. I cite the main legal bases and the competent courts, outline practical steps for a payment demand and how to seek judicial help if necessary. The goal is to help you assess your chances for full deposit return and plan concrete actions as a tenant.

Deposit Withholding: What Applies?

The security deposit secures the landlord's claims from the rental relationship; the legal foundations are found in the BGB, especially §§ 535–580a^[1]. A blanket withholding without a concrete claim is not permitted. Common valid reasons include outstanding rent claims, legitimate claims for damages, and balancing claims from the service charges statement.

Typical Withholdings

• Outstanding rent payments (rent/payments)
• Damages beyond normal wear and tear (deposit)
• Balancing claims from the service charge statement (payments)

Deadlines and Interests

There are no rigid nationwide deadlines, but landlords should carry out the settlement and repayment within a reasonable time; persistently inaccurate or delayed settlements can be pursued in court. Rules for court actions are in the Civil Procedure Code (ZPO)^[2], and important tenancy precedents come from the Federal Court of Justice (BGH)^[3].

Collecting Evidence

Good documentation improves your chances: photos at move-out, the handover protocol, rent payments and email exchanges are important. If damages are disputed, request a detailed cost breakdown.

• Photos and videos of the apartment condition (photo/evidence)
• Handover protocol with signatures (document/evidence)
• Receipts, bank statements and service charge statement (receipt/evidence)

Forms and Legal Routes

If voluntary repayment fails, you can send a payment demand or initiate debt-collection proceedings; the ZPO regulates the payment order and the lawsuit before the local court. Examples of official steps and forms:

• Payment order (ZPO form) – use when you have a clear, due claim (file/form).
• Lawsuit at the local court – if the payment order fails or the matter is disputed (court/lawsuit).

FAQ

Who decides disputes about the deposit?

Disputes are typically decided by the local court; higher appeals go to the regional court or the Federal Court of Justice.

How quickly must the deposit be repaid?

There is no fixed statutory deadline, but repayment must occur within a reasonable time; delays can be contested.

Can the landlord retain a security reserve?

Yes, landlords may withhold amounts for legitimate claims but must provide concrete proof.

How-To

1. Send a written payment demand: state amount, reason and deadline (notice/form).
2. Attach evidence: photos, handover protocol and proof of payments (evidence).
3. Set a deadline: a common period is 14 days for payment, otherwise start debt-collection (deadline).
4. If unpaid, start a payment order or file a lawsuit at the competent local court (court).

Help and Support / Resources

• Civil Code (BGB) – Tenancy law text
• Code of Civil Procedure (ZPO) – Debt-collection and lawsuit rules
• Federal Court of Justice – Tenancy law decisions

1. [1] Gesetze-im-Internet – BGB §§ 535–580a
2. [2] Gesetze-im-Internet – ZPO (Mahnverfahren, Klage)
3. [3] Bundesgerichtshof – Entscheidungen zum Mietrecht