Security Deposits for Furnished Rentals in Germany

Tenants in Germany often face the question of how a security deposit for a furnished rental should be correctly accounted for and which deductions are permitted. This article explains step by step which legal rules apply, how a deposit account works and which proof landlords may request. You will learn which deadlines are important, which typical costs for repairs or replacement furniture may be justified and how to collect receipts systematically. The goal is to avoid disputes and secure repayments. If necessary, I describe sensible steps for communication with the landlord, claiming the deposit and enforcing your rights in local court and higher instances.

How is the deposit for furnished rentals accounted for?

For furnished rentals, the general rules of tenancy law under the BGB apply, in particular regarding landlord duties and possible deductions for damages or missing items^[1]. It is decisive whether the condition of the furnishings goes beyond normal wear and what costs actually occurred. Document the handover condition and defects with photos and receipts before you move out.

What tenants should watch for

• deposit: Request written confirmation whether the deposit was paid into a separate deposit account and ask for account statements.
• evidence: Create a handover protocol with date, meter readings and photos.
• repair: Distinguish between permissible renovation (e.g., replaced furniture) and normal wear and tear.

If the landlord asserts deductions, request a detailed breakdown of costs and the receipts. Without receipts, flat-rate deductions are often difficult to enforce.

Forms and legal steps

There is no uniform federal form solely for deposit claims, but to enforce claims in court tenants use the rules of the Code of Civil Procedure and, if necessary, complaint forms at the competent local court^[2]. For termination letters or formal reminders, sample forms and guidance from the Federal Ministry of Justice can be helpful^[3]. A typical process is: reminder with deadline, if no response follows, file a lawsuit at the local court.

Practical example: reminder and deadline

Draft a short reminder: set a deadline (e.g., 14 days), state the claim in euros, request repayment and notify of intended legal action if payment is not made. Attach copies of the handover protocol and invoices.

Key takeaways

• deposit: Use deposit funds only for proven damages or replacement.
• evidence: Complete documentation increases chances of success.
• court: The local court is the first instance for rental disputes.

FAQ

When may the landlord deduct from the deposit?

The landlord may only deduct for costs actually incurred due to damage or missing agreed items; normal wear and tear is not deductible.

How long may the landlord withhold the deposit?

There is no fixed nationwide period; up to six months to review claims is common; specific cases may justify shorter or longer periods.^[1]

What if the landlord does not pay?

Send a written reminder with a deadline, then consider filing a claim at the competent local court and seek legal advice if necessary.

How-To

1. evidence: Collect photos, invoices and the handover protocol immediately when moving out.
2. notice: Send the landlord a written claim with a clear deadline (e.g., 14 days) and attach supporting documents.
3. contact: If there is no response, obtain legal advice or use the local court to enforce the claim.
4. court: If needed, file the claim at the competent local court and reference the submitted evidence.

Help and Support

• Help (help): Laws and information on tenancy law at gesetze-im-internet.de
• Help (help): Code of Civil Procedure (procedures) at gesetze-im-internet.de
• Help (help): Guidance and forms at the Federal Ministry of Justice

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesministerium der Justiz — Formulare und Hinweise