Get Your Deposit Back: 6-Month Deadline, Interest & Template

You've Moved Out — So Where's Your Money?

You handed over the keys, left the apartment clean, and moved on with your life. Three months later: no deposit in your bank account. No letter, no call. Your landlord has gone silent.

This is frustratingly common in Germany. But your rights are clear — and stronger than most tenants realize.

What the Law Says

Section 551 BGB governs the Mietkaution (security deposit). The key rules:

• Maximum three months' cold rent (Nettokaltmiete). Your landlord can't ask for more — not as a "security supplement" or "renovation deposit."
• Installment payments allowed. You can pay the deposit in three equal monthly installments. The first is due when the lease starts.
• Separate account required. Your landlord must keep your deposit in a separate account, away from their personal funds (Section 551(3) BGB). In practice: a savings account or dedicated Mietkautionskonto at a bank.
• Interest belongs to you. The deposit earns interest, and that interest is yours.

How Long Can the Landlord Keep Your Deposit?

Here's where it gets interesting — there's no fixed statutory deadline. The Federal Court of Justice (BGH) put it this way: the landlord is entitled to a "reasonable period for consideration and settlement" (BGH, judgment of 18.01.2006 — VIII ZR 71/05).

In practice:

• 3 months — the standard, if no claims are outstanding
• Up to 6 months — if the utility bill (Nebenkostenabrechnung) is still pending
• Longer in exceptional cases — the BGH clarified in the same ruling that under special circumstances, even more than six months may be acceptable

But even during this period, the landlord can't hold onto the entire deposit. If they're only waiting for the utility bill, they may retain a reasonable portion — typically three to four months' worth of utility prepayments — and must return the rest.

What Can the Landlord Deduct?

Legitimate deductions:

• Rent arrears — unpaid rent can be directly offset
• Damage beyond normal wear and tear — a hole in the door: yes. Shadows on the wall behind the sofa: no
• Unrenovated apartment — but only if the renovation clause (Schönheitsreparaturklausel) in your lease is valid

And that's the catch. The BGH has struck down renovation clauses in droves:

• Rigid renovation schedules ("repaint the kitchen every 3 years, living room every 5") — invalid (BGH, judgment of 18.03.2015 — VIII ZR 185/14)
• Final renovation clauses ("must renovate upon move-out") — invalid
• Quota compensation clauses ("pay proportional costs") — virtually always invalid in standard form leases

If your clause falls into any of these categories, the landlord cannot deduct anything for Schönheitsreparaturen from your deposit — no matter what the walls look like.

What the Landlord Cannot Deduct

• Normal wear and tear. Yellowed wallpaper after 10 years, carpet wear patterns, light scratches on hardwood — that's the landlord's problem
• Unproven damage. If it's not in the handover protocol (Übergabeprotokoll), it's hard to prove
• Inflated bills. The landlord must act economically. A full renovation at your expense isn't allowed
• Flat fees without receipts. "€500 for cleaning" without an invoice? You don't have to accept that

2024 BGH Ruling: Offsetting Expired Claims

An important ruling from 10.07.2024 (BGH — VIII ZR 184/23): The landlord may offset damage claims against the deposit even after the 6-month limitation period (Section 548 BGB) — provided they raised the claims within that period. This means: Pay close attention to what the landlord flags during the handover, and object immediately if anything seems unjustified.

How to Get Your Deposit Back

At the handover: Create a detailed handover protocol (Übergabeprotokoll). Walk through every room, note the condition, take photos. Both parties sign. This document is your most important piece of evidence.

After 3 months with no return: Send a friendly reminder by email. Often that's enough.

After 6 months: Time to get formal. Send a demand letter (Aufforderungsschreiben) by registered mail:

• Reference your lease (address, contract date)
• State the deposit amount
• Note the handover date
• Set a 14-day deadline
• State that you'll pursue legal action if payment isn't received

If that doesn't work:

• Mieterverein (tenant association) — members get advice and help with correspondence
• Mahnbescheid (payment order) — file through the online court portal, costs just a few euros depending on the amount
• Lawsuit at the Amtsgericht (local court) — handles claims up to €5,000, no lawyer required

Statute of Limitations

Your refund claim expires after three years (Section 195 BGB). The clock starts at the end of the year the claim arose. Move out in March 2025, deposit due in June 2025 → expires December 31, 2028.

Still, don't wait too long — the more time passes, the harder enforcement becomes.

Not Sure if the Deductions Are Fair?

Has your landlord made deductions that seem questionable? Does the renovation clause in your lease look suspicious? Not sure whether the return deadline has already passed?

This is exactly why we built MieterHelfer. Many tenants lose money because they don't know their rights — or because they don't feel confident enough to push back against the landlord. Getting a lawyer appointment takes weeks and costs money you might not have while you're waiting for your deposit.

MieterHelfer gives you a well-founded initial assessment in seconds. Just describe what the landlord deducted and which clauses are in your lease — the app checks against current BGH case law, tells you whether the deductions are legitimate, and walks you through your next steps.

Free, no registration, no waiting. MieterHelfer isn't legal advice — but it shows you whether it's worth taking the matter further.