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Repayment of the rental deposit




Rental deposit

As a tenant, you are entitled to the repayment of your deposit at the end of the tenancy. However, before the landlord repays the deposit, he may check whether he can still assert claims against you from the tenancy. If this is the case, he can deduct this amount from the deposit and only pay out the remainder. The following legal aspects must be observed:



1. legal basis

According to § 551 BGB, the deposit serves to secure all claims of the landlord arising from the tenancy. This includes, for example:


    - Outstanding rent payments,

    - Claims for damage to the rented property,

    - Additional claims from the utility bill.


2. repayment period

The landlord is entitled to withhold the deposit for a reasonable inspection and settlement period. There is no statutory period, but case law assumes a period of around 3 to a maximum of 6 months.


  •     Within this period, the landlord can check whether there are any claims such as outstanding rent or claims for damages.

  • After the period has expired, the landlord is obliged to repay the deposit or the remaining amount (after deduction of justified claims).


3. deductions by the landlord

The landlord may only make deductions from the deposit if there are justified claims. Examples are


  •     Damage to the apartment that goes beyond normal wear and tear,

  •     outstanding rent

  •     Additional claims from the utility bill,

  •     Costs for unfulfilled cosmetic repairs, provided these were effectively agreed in the tenancy agreement.



Note: Lump-sum or unjustified retention of the deposit by the landlord is not permitted.



4. Expiry of landlord claims

Claims by the landlord for damages or other claims must be asserted within 6 months of the return of the rented property. Thereafter, these claims are time-barred (§ 548 BGB).


5. Procedure in the event of a delay in repayment

If the landlord does not repay the deposit after 6 months or retains parts of it without justification, you can:



    1. send a written reminder for repayment and set the landlord a deadline.

    2. take legal action, e.g. file a claim for repayment of the deposit with the competent district court.



Recommendation:

- Document the condition of the apartment when you return it! (e.g. with photos or a handover protocol)

- Demand the deposit back in writing if no repayment is made

- In the event of a dispute over the repayment, consult a lawyer or the Tenants' Protection Association to enforce your claims

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