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Emergency

Deposit not returned? How to demand it back

You have moved out, the apartment has been handed over, but your landlord does not return the deposit? In principle you are entitled to the full deposit plus interest once it is established that the landlord has no further justified claims. Here is how to get it back.

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Your chances of getting your money back

The deposit legally belongs to you; the landlord only holds it in trust (§ 551 BGB). After you move out, he has to repay it once his justified claims are settled.
The landlord may take a reasonable review and accounting period (usually up to three, in exceptional cases six months). He may retain a reasonable portion until the next operating cost statement, but not the whole deposit indefinitely.

What you should do now

  1. 1

    1. Reclaim it in writing and set a deadline

    Reclaim the deposit in writing and set a clear deadline (for example 14 days) with a specific date. State your current bank details.

  2. 2

    2. When the deadline passes: default

    If the landlord does not pay, he falls into default (§ 286 BGB). Then you can additionally demand default interest.

  3. 3

    3. Secure your documents

    Keep the handover protocol, photos of the handed-over apartment and the deposit receipt ready; this refutes unjustified deductions.

  4. 4

    4. Last stage

    If the landlord stays stubborn, the way remains via the local court (dunning procedure or lawsuit). For small amounts, legal aid can help.

Frequently asked questions

How long may the landlord retain the deposit?

Only for a reasonable review and accounting period, as a rule up to three, in exceptional cases up to six months. He may retain a reasonable portion until the operating cost statement, but not the entire deposit permanently.

Do I get interest on the deposit?

Yes. The deposit must be invested at interest (§ 551 Abs. 3 BGB); the interest belongs to you and increases the repayment amount.

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.