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Emergency

Landlord keeps the deposit: how to get it back after moving out

After you move out, the landlord must repay the deposit, less justified claims. But they may not keep it endlessly or deduct across the board. For most points they have only a reasonable review period; only for a still outstanding utility statement may they retain part for longer.

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Your chances of getting your money back

You are entitled to repayment of the deposit plus interest as soon as no justified claims remain outstanding. You do not have to accept flat-rate or baseless retentions.
For the review, the landlord is entitled to a reasonable period (usually a few months). For a still-running utility statement they may retain only a reasonable partial amount.

What you should do now

  1. 1

    1. Secure the handover protocol and documents

    Record the condition at move-out (protocol, photos). This refutes exaggerated damage claims.

  2. 2

    2. Demand repayment in writing

    After the review period expires, demand the deposit back in writing and set a specific payment deadline.

  3. 3

    3. Check the deductions

    For each deduction, demand a comprehensible justification and documents. Normal wear may not be deducted.

  4. 4

    4. Enforce in court if necessary

    If the landlord does not pay, you can sue for the deposit (often a dunning procedure or lawsuit). For smaller amounts this is quite doable.

How to spot the scam

  • The landlord deducts across the board for renovation, although you returned the apartment with normal wear.
  • Months pass without a settlement of the deposit.
  • Damage is claimed that is not stated in the handover protocol.

Frequently asked questions

When must the deposit be repaid?

As soon as, after a reasonable review period, the landlord is no longer entitled to justified claims. A few months is usual. Only for a still-open utility statement may a reasonable part be retained longer.

What may the landlord deduct?

Only justified claims: outstanding rent, damage for which you are responsible or due utility back payments. Normal wear (signs of use) they may not deduct.

How do I get the deposit back if they do not pay?

Demand in writing with a deadline, then if necessary via the court dunning procedure or a lawsuit. With a handover protocol and documents your chances are usually good.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.