Partial Deposit Refund: Tenant Rights in Germany

As a tenant in Germany, you often want a prompt partial return of your security deposit after moving out. This article explains in plain language how to justify a claim securely, which documents matter, how long to set deadlines, and the role of the deposit account. We give practical steps for preserving evidence, when to send a written demand and when proceedings at the local court may be necessary.^[2] The aim is that you know your tenant rights and can obtain a partial refund of the deposit without unnecessary dispute.

How partial refund works

Landlords may only deduct justified costs from the deposit; the legal basis is contained in the BGB, especially §§ 535–580a, which set out obligations and settlement duties.^[1] Practically this means: check the settlement, request receipts, and document damages and costs transparently.

Important documents to collect

• Photos and videos of damages at handover and the apartment condition.
• Handover protocol with signatures or handover confirmation.
• Bank statement of the deposit account or proof of deposit payment.
• Invoices and receipts for repairs and estimates.
• Written communication with the landlord by email or registered mail.

Practical steps

• Write a claim with a concrete amount and deadline (e.g. 14 days).
• Set a clear deadline and list the billed items.
• Send the demand in a traceable way, e.g. by registered mail.
• If there is no response, consider filing a lawsuit at the competent local court (many tenancy disputes are handled there).^[2]

FAQ

Who bears the burden of proof for damages?

As a rule, the landlord must substantiate deductions and their amount; as a tenant you should submit counter-evidence and photos to refute unjustified claims.^[3]

How long does the landlord have to provide a settlement?

There is no uniform statutory deadline, but the landlord must settle within a reasonable time; many courts consider periods from six months to one year as practicable.

Which court is competent for disputes?

Many tenancy disputes fall within the jurisdiction of the local court; higher instances are the regional court and, if necessary, the Federal Court of Justice for precedent-setting questions.^[2]

How-To

1. Organize all documents and make copies.
2. Draft a written demand with a clear deadline (e.g. 14 days) and attach evidence.
3. If no agreement is reached, file a claim at the competent local court and present your evidence.
4. In court, submit bank statements of the deposit account and the handover protocol as proof.

Key Takeaways

• Only substantiated costs may be deducted from the deposit.
• Detailed documentation makes it easier to enforce your claims.
• Observe deadlines and send written demands traceably.

Help and Support / Resources

• BGB §535: Landlord obligations (Gesetze im Internet)
• Courts Constitution Act (GVG) – court competences (Gesetze im Internet)
• Federal Court of Justice (BGH) – decisions on tenancy law

1. [1] BGB §535: Landlord obligations (Gesetze im Internet)
2. [2] Courts Constitution Act (GVG) – court competences (Gesetze im Internet)
3. [3] Federal Court of Justice (BGH) – tenancy law decisions