Tenancy law
Getting your deposit back: deadlines, deductions and how to claim it
You've moved out, handed over the flat, and now only one thing is missing: your deposit. Often more than a thousand euros, and that's exactly when it gets sticky. Some landlords pay straight away, others take months or hold money back without a good reason. With the right deadlines and a clear plan you reliably get your money back. Here's what's allowed and what isn't.
When does the deposit fall due?
The deposit is governed by § 551 BGB, but the law sets no fixed deadline for repayment. It falls due after the tenancy ends, once the landlord has had enough time to check possible claims. Courts regularly accept a review period of three to six months. Within that time you can't yet force repayment; after it, you can.
The review period: what the landlord may do
In the first months after you move out, the landlord may check for outstanding claims: rent arrears, damage beyond normal wear, or an expected back-payment from the running costs. If no such claims exist, the deposit plus interest must come back promptly.
Important: the review period is not a licence to hold money indefinitely. It's there to allow a fair settlement, nothing more.
Running costs: a part, not the whole
This is the most common dispute, and here the courts are firmly on your side. If the final running-costs statement is still pending, the landlord may not hold back the entire deposit, only a reasonable part. The rule of thumb in case law is two to three times the average monthly running-costs prepayment.
Example: if you pay €150 a month towards running costs, the landlord may hold back around €300 to €450 for a pending statement, but not the rest of the deposit.
If your last statement ended in a credit, meaning you had nothing to pay back, even the reason for the partial hold-back falls away. The landlord may then assume the final statement won't show a shortfall either, and must pay out the full deposit.
Because the statement deadline for running costs is up to twelve months (§ 556 BGB), the partial hold-back can drag on accordingly. The rest of the deposit is not affected and must come back sooner.
What may be deducted, and what may not?
The deposit secures the landlord's legitimate claims. They may deduct for:
- Outstanding rent
- A concretely expected back-payment from running costs (pro rata only)
- Damage beyond normal wear and tear
They may not deduct for normal wear. Worn carpets, a normal number of drill holes, light marks on walls and floors are part of living in a flat. Nor may anything be deducted on the basis of a void cosmetic-repairs clause. Which clauses are void is in our post on void clauses.
The interest belongs to you
The landlord must invest the deposit separately from their own assets and at interest (§ 551(3) BGB). The interest is yours and increases the amount you get back. At today's rates that's often small, but it's your money, and you may claim it.
Step by step: how to claim your deposit
- Document the handover cleanly. At move-out, make a handover protocol with photos and have both sides sign it. This is your most important proof.
- Give your current address and bank details. Without them the landlord can't pay, and that's a favourite excuse.
- Wait, but not forever. Give the landlord a reasonable review period of about three to six months.
- Ask in writing. Request the deposit with a concrete payment deadline (say 14 days) by email or letter. Refer to your move-out date and the elapsed review period.
- Demand partial payment for a pending statement. Insist that only the reasonable part is held back and the rest paid out immediately.
If the landlord doesn't pay
If the landlord doesn't respond, set a final deadline with a reminder. If that doesn't help, a tenants' association can support you, or you pursue the claim through the court's order-for-payment procedure. Mind the limitation period: your claim expires after three years (§ 195 BGB), counted from the end of the year in which it fell due. So don't take unlimited time.
Set the course before you move in
Most deposit disputes start because nothing was documented at move-in. Keep a handover protocol from day one, sign a fair contract and know which clauses are void, and you hold the better cards at move-out. That's where Vimmo helps: the app checks your lease for risky clauses, compares the rent to local levels and scores the location, before you sign, so the deposit adds up in the end too.
Sources
This article is not legal advice. Vimmo provides AI-based estimates without warranty.
Frequently asked questions
How long may the landlord keep the deposit?
The law sets no fixed deadline. Case law accepts a three-to-six-month review period. If only the running-costs statement is pending, a reasonable part may be held back until its deadline, not the whole deposit.
May the landlord keep the whole deposit for running costs?
No. Only a reasonable part is permitted, roughly two to three times the monthly running-costs prepayment. The rest must come back.
Do I get interest on the deposit?
Yes. The landlord must invest the deposit at interest and separately, and the interest belongs to you (§ 551(3) BGB).
What if the landlord doesn't respond at all?
Set a final deadline with a reminder, involve a tenants' association, or use the court's order-for-payment procedure. Mind the three-year limitation period (§ 195 BGB).
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