Tenant: Partial Deposit Repayment in Germany
As a tenant in Germany, deposit refunds can be partly complex. This guide explains step by step how to organise a partial repayment, respect deadlines and legal basics, and collect and secure key evidence. You will learn which forms are relevant at authorities or court, how to assert a claim in writing and when court action may be appropriate. Practical tips show how photos, handover records and bank statements serve as evidence. The aim is to give you clear actions so you can enforce your claims on time and well documented without unnecessary risk. I cite deadlines under the BGB[1], competent courts such as the local court (Amtsgericht)[2], and link official forms and templates[3].
Which deadlines apply?
In Germany there are no strict nationwide deadlines for settling the security deposit, but landlords may retain the deposit for a reasonable time to settle utility bills and outstanding claims. Key are the claim periods under the BGB and statutory limitation periods for landlord claims against the tenant.
Timely review of deadlines is essential to protect your rights.
Key points
- Check deadlines for utility statements and limitation periods.
- Secure handover records, photos and emails as evidence.
- Bank statements and receipts prove deposit payments.
- Use written requests by registered mail to document deadlines.
Keep all receipts and bank statements for at least three years.
FAQ
- Can I immediately demand a partial refund of the deposit?
- Yes, if parts of the deposit are not needed for legitimate claims, tenants can request a partial refund; a written request is often advisable first.
- What helps if the landlord does not respond?
- Document all contact attempts and send a formal payment demand; you may then consider a dunning procedure or lawsuit at the local court.
- What is the role of the handover record?
- The handover record is an important piece of evidence for the condition of the apartment and can reduce or rule out landlord claims.
How-To
- Check deadlines: read relevant BGB rules and note settlement and limitation deadlines.
- Collect evidence: prepare photos, handover record, bank statements and correspondence.
- Request in writing: send a formal partial repayment request by registered mail with a deadline.
- If the landlord does not respond, consider a dunning procedure or filing in the competent local court.
Clear, dated documentation increases the likelihood of a quick resolution.
Help and Support / Resources
- BMJ: Forms and templates
- Justice Portal: court jurisdiction and contacts
- Gesetze im Internet: BGB §§ 535–580a
