Tenant: Recover Security Deposit in Germany

Many tenants in Germany find that their landlord or the bank has changed the security-deposit account without clear agreement. In such cases you need to recover the deposit securely and on time, document delays and, if necessary, take formal steps. This guide explains in plain language what rights you have as a tenant, which deadlines apply, which documents matter and when a payment order or a lawsuit at the local court^[3] becomes sensible. You will find checklists, template letters for payment demands and references to relevant laws such as the BGB^[1] and the ZPO^[2], so you can act systematically and improve your chances of a refund. If needed, we also explain how to apply for legal aid and which courts are competent.

What rights do tenants have?

As a tenant you are entitled to return of the deposit after the end of the tenancy, provided the landlord has no justified claims. The entitlement arises from the BGB^[1]. The landlord must examine and document damages and outstanding utility costs; they cannot simply withhold the entire deposit without justification.

Check documents and deadlines

• Check deadlines: When must the landlord settle accounts and within what period should you expect payment.
• Send a payment demand: Set a clear deadline and demand the refund in writing.
• Collect evidence: Save bank statements, the handover report and correspondence as proof.

There is no nationwide official form for claiming a deposit; many tenants use an informal demand letter or file for a payment order (Mahnverfahren) under the ZPO^[2] if payment is withheld. If the landlord makes claims, request concrete evidence and review it carefully.

FAQ

How long does the landlord have to return the deposit?

Generally the landlord must settle within a reasonable period; a six-month timeframe is often cited, but this can vary. Send a deadline and a reminder if necessary.

What if the bank changed the deposit account?

Request written records from landlord and bank about account movements and the new account holder. Secure bank statements and send a payment demand with a deadline; if there is no response consider a payment order or lawsuit.

When is it sensible to sue at the local court?

Suing at the competent local court is sensible if reminder and payment-order procedures do not yield a refund and the claim appears justified. Consider court costs and the option of legal aid.

How-To

1. Check deadlines and set a deadline (for example, 14 days) for repayment.
2. Send a written payment demand: state the claim, the deadline and the account.
3. Collect evidence: bank statements, handover report and photos organized clearly.
4. If there is no response, file a payment-order application (Mahnverfahren under the ZPO).
5. If necessary, file a lawsuit at the competent local court and submit evidence.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Justice Portal – Information on courts and competences

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO) §§ 688 ff. (Mahnverfahren)
3. [3] Justice Portal: Competence of local courts in civil matters