Get Your Rental Deposit (Kaution) Back

Do you want to request the return of your rental deposit after ending a tenancy in Germany?
Use our free tool to create a rental deposit refund letter. You can download the letter for free or send it directly by post.

In Germany, tenants usually pay the security deposit (Kaution) either by bank transfer to the landlord’s account or through a rental guarantee (Mietbürgschaft). Both cases are covered in our sample letter.

After your tenancy ends, the landlord can keep the deposit for a reasonable period (up to six months) to check for property damage, unpaid rent, or missed utility bills. If there are no issues, the deposit must be refunded.

If they delay or refuse the refund without a reason, you can send a formal request setting a deadline for payment.
The letter must be written in German.

You can download the rental deposit letter in PDF format for free or send it directly by post with one click.
To ensure legal proof, we recommend sending it by registered post (Einschreiben).

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3_S Repayment of the rental deposit

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Name

First Name

Last Name

Address

Street Name and Number

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Provider's Details

Provider's Name

Address

Street Name and Number

Zip

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Disclaimer: Templates provided by LetterKrieg are for informational purposes only and have not been reviewed by a licensed attorney.

Users are solely responsible for verifying the suitability and accuracy of any document before use. LetterKrieg disclaims all liability arising from the use of its templates.

For legal advice, please consult a qualified attorney.

When should the landlord return the rental deposit?

After you move out, your landlord can hold your security deposit for a reasonable period. The reasonable period is typically up to 6 months.

The law allows the landlord to hold the rental deposit for this period to resolve any outstanding issues, such as utility costs, damages to the rental property, etc.

Here are some cases and the timelines for when the landlord must return the rental deposit (Kaution).

Everything is fine: If there are no pending payments or damages, the landlord must return the deposit immediately or within a few days.
Unresolved claims: If there are damages or open charges, the landlord can hold the deposit for up to six months, but must return it as soon as the issues are settled.
Utility costs: The landlord can withhold part of the deposit to cover pending utility bills, which can take up to 12 months to settle. Only the amount needed to cover these costs can be retained.
Ongoing disputes: If there are legal disputes, there’s no fixed deadline. The refund depends on the resolution of the case.

NOTE: You have up to three years to claim your rental deposit. This period is called the limitation period (Verjährungsfrist). It starts six months after your tenancy ends or at the end of that calendar year, depending on the situation. After this period, your right to claim the deposit expires.

When can the landlord retain part or all of the deposit?

The landlord can keep part or all of the deposit only for legitimate reasons. These cases include when:

There are outstanding bills at the end of the rental period.
Rent payments are still outstanding.
Additional charges, such as utility costs, still have to be paid.
Defects were discovered when moving out.

Once all issues are resolved, the deposit is refunded to the tenant listed in the rental agreement. Moreover, the landlord cannot retain more money than needed.

What to do if the landlord doesn’t return your deposit

Send a formal request letter: You can use our sample letter “request rental deposit back”. You must send the letter by registered post (Einschreiben). You can send the letter by registered post directly on LetterKrieg. No need to take printouts or go to the post office.
Get support from a tenant’s association (Mieterverein): Suppose the landlord doesn’t return the rental deposit after your formal request. In this case, you can get support from a tenants’ association. You must be a member of the association. If you are not, you can become one. The membership costs around €100/year (as of 2026). They have no waiting period and can help you resolve rental issues outside the court.
Consult a lawyer: Suppose you cannot settle the dispute out of court, you must bring it to court. Hire a tenancy lawyer. If you have a tenant’s legal insurance, it covers the legal costs.

What happens to the rental deposit in case of the landlord’s insolvency?

According to Section 551 (3) BGB, the landlord must keep the deposit separate from their personal assets.

If kept separate: Your money is safe and must be returned, even in bankruptcy.
If mixed with personal funds: You may risk losing it. File a claim with the bankruptcy court immediately and seek legal help.

To avoid this, always ask for proof that your deposit is held in a separate account. You can use our sample letter to request proof of your rental deposit held in a separate account.

What happens to your rental deposit in special cases?

If the property is sold: The new landlord will take over your rental deposit. Similarly, the new owner must save your rental deposit separately from their personal assets.

If the landlord dies: The legal heirs inherit the rental deposit and must return it when due.

References

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