Security Deposit Refund (Mietkaution) — How to Recover Your Money

What is a security deposit refund?

After your lease ends, you have the right to recover your security deposit (Mietkaution) that you paid at the beginning. A landlord can only keep part or all of it in justified cases.

When can a landlord keep the deposit?

• Unpaid rent — outstanding bills
• Apartment damage — beyond normal wear
• Unpaid Nebenkosten — settlement of additional costs
• Missing repairs — if the contract required painting upon move-out

Refund timelines

How to recover your deposit

1. Apartment handover — inspection report (Übergabeprotokoll)
2. Written request — after 6 months you can request refund in writing
3. Reminder — if no response, send Mahnung (formal notice)
4. Mieterverein — legal assistance from tenant association

Inspection protocol

Always do at move-out:
- Photos of every room
- Meter readings (electricity, gas, water)
- Landlord's signature on the report
- Copy of the protocol for yourself

Disputes over deposit

If landlord wrongfully withholds the deposit:
1. Written demand for return (Fristsetzung)
2. Mieterverein — legal advice (~100€/year membership)
3. Court — Amtsgericht for amounts up to 5000€

Important

• Deposit must be held in a separate account (Kautionskonto)
• Interest accrues to the tenant
• Landlord cannot use the deposit for routine repairs during tenancy

Editorial hamboorg.city · As of: April 2026 · Carefully prepared, regularly updated. Content is informational and does not replace legal advice.