The rental deposit is a financial security for the landlord, but after moving out, tenants want their money get it back as soon as possibleBut often there are delays, disputes, or no repayment at all. How long can the landlord keep the deposit? And what can you do if there are problems? Here are the best Tips & legal basicsto successfully reclaim your deposit.
1. When are you entitled to a refund of the deposit?
📜 1. After proper handover of the apartment
✅ The apartment must handed over in accordance with the contract and without damage become.
✅ If the rental agreement contains renovation obligations, these must correctly fulfilled be.
⏳ 2. Within a reasonable period
✅ The landlord may not immediately pay back after moving out.
✅ Usually he has up to 6 monthsto check for any additional charges (e.g. for additional costs).
🛠 3. If there are no damages or outstanding claims
✅ If damages are found, the landlord may retain part of the deposit.
✅ Important: Normal wear and tear (e.g. slight wall discoloration) is not a reason for retention!
💡 Tip: Document the condition of the apartment with photos upon handover!
2. Step-by-step instructions for deposit refund
📌 Step 1: Handover of the apartment & preparation of the protocol
✅ Make an appointment with the landlord & check the apartment together.
✅ A Create a handover protocol and have it signed by the landlord.
✅ Take photos of the condition of the apartment – especially if undisputed damages.
📦 Step 2: Ask the landlord in writing for a refund
✅ If after No feedback after 1–2 months comes: Ask in writing.
✅ A official deposit refund letter by registered mail send.
🚛 Step 3: If necessary, set a deadline & initiate legal action
✅ If there is no response, a Set a deadline of 14 days.
✅ If the landlord still does not pay, a Tenants’ protection association or a lawyer can help.
💡 Tip: The better the communication and documentation, the easier the recovery!
3. When can the landlord retain the deposit?
🚨 1. Outstanding rent payments
✅ If rent or additional costs are outstanding, the landlord may offset these amounts against the deposit.
🔧 2. Damage to the apartment (not normal wear and tear!)
✅ Holes in walls, broken doors or damaged flooring can be deducted from the deposit.
✅ But: Normal wear and tear (e.g. slightly worn carpets or yellowed walls) is not deductible!
📜 3. Open utility bill
✅ If the last utility bill is still outstanding, the landlord can withhold part of the deposit.
✅ If there is a credit balance at the end, the landlord must pay out the excess amount.
💡 Tip: Have the amounts withheld explained to you exactly and ask for proof!
4. How long can the landlord keep the deposit?
📆 1. Legal deadlines for the return of the deposit
✅ Up to 6 months after moving out the landlord has time to check any claims.
✅ If a utility bill is still outstanding, a portion of the deposit will be retained for up to 12 months become.
🚨 2. When should you follow up?
✅ If after No feedback after 3 months comes, ask in writing.
✅ If after No payment made for 6 months, legal action may be taken.
💡 Tip: After the 6 months have expired, it is advisable to send a registered letter setting a deadline.
5. What should I do if the landlord does not return the deposit?
📜 1. Send an official letter setting a deadline
✅ A written reminder letter by registered mail send.
✅ In it a Set a deadline of 14 days and ask for a refund.
⚖ 2. Contact a tenants’ association or lawyer
✅ If the landlord does not respond, a Tenants' Association help.
✅ Alternatively, a Lawyer for tenancy law file a lawsuit (often a warning is sufficient).
🏛 3. File a reminder procedure or lawsuit
✅ If no agreement is reached, legal action can be taken dunning proceedings are initiated.
✅ If necessary, a Bail action at the district court be submitted.
💡 Tip: Often it is enough for a lawyer to write to the landlord – many then pay quickly!
6. Avoid common mistakes when repaying deposits
❌ Do not document the handover of the apartment → Solution: Always take photos and prepare a handover report.
❌ Demanding deposit too early & putting pressure on the landlord → Solution: Please note the legal deadline of 6 months.
❌ Do not conduct written communication → Solution: Document everything by email or registered mail.
❌ Landlords make you wait too long → Solution: After 3 months, follow up in writing and set a deadline.
💡 Tip: Good preparation and timely inquiries help to avoid problems!
7. Checklist for a quick deposit refund
📌 Before moving out:
✅ Check rental agreement & renovation obligations.
✅ Carry out minor repairs if necessary.
✅ Create an apartment handover protocol & take photos.
📦 After moving out:
✅ Request the return of the deposit in writing.
✅ If necessary, set a deadline and send a registered letter.
✅ If there is no response: contact the tenants’ association or a lawyer.
💡 Tip: The better the communication, the faster you will get your money back!
Conclusion: How to secure the deposit refund without problems
✔ Clarify early on which renovation obligations exist
✔ Document the handover of the apartment and its condition with photos
✔ Ask the landlord in writing and within a deadline for repayment
✔ If necessary, contact a tenants’ association or lawyer
🏠 Are you about to move? Praktik Transport not only helps you with your move, but also gives you valuable tips for a smooth deposit refund! Get a non-binding offer now! 💰📦✨
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