German law allows landlords to keep up to three months’ cold rent as a Kaution (security deposit). Getting it back requires documentation, timing, and knowing what disputes are legitimate versus what landlords cannot legally deduct.
The Legal Framework
Landlords must return your Kaution within 3–6 months of move-out, minus any documented deductions. The money must be held in a separate savings account with interest accruing to you. They cannot use it as a general fund — if your landlord goes bankrupt, the Kaution is protected.
Legitimate Deductions
Landlords can deduct for: repair of damage beyond normal wear and tear, unpaid rent, and cleaning if the apartment was not returned in agreed condition. Normal wear and tear — small nail holes, faded paint after years of use, minor scuffs on floors — cannot be deducted. German courts have extensive case law on this. A landlord who tries to charge you for repainting walls after a 5-year tenancy is likely overstepping.
The Übergabeprotokoll
The handover protocol (Übergabeprotokoll) is the most important document. Sign one when moving IN, noting every pre-existing defect — scratches, stains, holes. Sign one when moving OUT, with the landlord present. If damage appears in the exit protocol that wasn’t in the entry protocol, you’re responsible. If it was already there, it’s not your problem.
Never skip the entry protocol. If there isn’t one and a dispute arises later, German courts tend to favor tenants — but only if you can prove the damage existed before you moved in, which is hard without documentation.
Speeding Up Return
Send a formal written request (eingeschriebener Brief) 3 months after move-out if you’ve received nothing. If the landlord misses the 6-month deadline without justification, they owe you interest on the amount withheld. For disputes up to €5,000, the Amtsgericht (local civil court) handles cases at low cost — filing fees are around €80–150.
Mieterverein
Joining a Mieterverein (tenants’ association) costs €60–90 per year and gives you access to free legal advice on deposit disputes. Worth it if you expect any friction with your landlord.
