When you move out, the rent deposit (Mietkaution) decides whether you get all of your money back. Disputes often arise over the final statement, alleged damage or who is entitled to the interest. This guide shows what to record when you move out, what the law says about how the deposit is invested and how to proceed if the landlord does not pay. For related questions, see the German overview Wohnen im Studium (in German).
Short answer: The rent deposit secures the landlord’s claims arising from the tenancy. The income from the investment belongs to you and increases the security (§ 551 para. 3 BGB, as of November 2026). The law does not set a fixed deadline for repayment. What counts as a reasonable time depends on the circumstances of each case. A handover record, photos and a final statement put you in a strong position.
The most important points at a glance
- The deposit secures the landlord’s claims arising from the tenancy.
- The income from the investment belongs to you and increases the security (§ 551 para. 3 BGB).
- § 551 BGB regulates amount, instalments and investment. It does not contain a fixed repayment deadline.
- Outstanding service charges or damage may affect part of the deposit if they are documented.
- The handover record, dated photos and payment proof are your most important evidence.
What belongs in the repayment?
The repayment covers the amount deposited together with the income from the investment, as far as the landlord has no justified claims against you. The money must be invested separately from the landlord’s assets. When you move out it helps to know which credit institution holds the sum, or which other form of investment was agreed (§ 551 para. 3 BGB).
For how the amount and the payment method were fixed at move-in, see the German guide Mietkaution als Student: Höhe, Raten und Anlage. You will need the documents from that stage again when you move out.
Which documents do you need when you move out?
| Document | What it helps with |
|---|---|
| Handover record | Documents the condition of the flat at move-in and move-out |
| Dated photos | Show the condition of the rooms at the time you leave |
| Deposit proof | Shows the amount, the account and the investment period |
| Payment receipts | Show whether the deposit was paid in full and on time |
| Service charge statement | Shows whether you owe a balance or are owed money, see the German guide on checking the service charge statement |
| Correspondence | Records claims, deadlines and replies |
How is the deposit settled?
The landlord must check whether they have claims against you and settle the deposit accordingly. Typical items are additional payments from the service charge statement, damage beyond normal wear and tear, and unpaid rent. Service charges follow their own rules, which are explained in the German guide on the service charge statement.
Courts assess individual questions of settlement case by case. Make sure the statement is comprehensible: each item should show the amount, the reason and, where needed, a receipt. Lump sums without proof will usually not justify keeping part of the deposit, so check the receipts carefully.
Damage or normal wear: where is the line?
Disputes often arise over whether damage was caused by use or goes beyond normal wear and tear. Scratches in parquet after several years, wall paint that has faded over time and a defective oven are typical examples where the assessment can differ. Therefore record the condition at move-in and move-out as precisely as you can.
If the landlord claims damage, ask for a concrete statement with costs and invoices. A cost estimate without a quote is not proof, and you can respond to each item.
What to do if the landlord does not pay?
First set a reasonable deadline and request repayment in writing, stating the amount. Enclose your documents so the landlord can follow the claim. If payment still does not arrive, you can seek legal advice, for example from a tenants’ association. Court action is the last step and should be well prepared.
Frequently asked questions
How long may the landlord take to repay?
§ 551 BGB regulates amount, instalments and investment of the deposit, and it does not set a fixed repayment deadline. Whether a period is reasonable depends on the circumstances of the case. Remind the landlord in writing and note the date.
Do I get the interest on my deposit back too?
Yes. The income from the investment belongs to you and increases the security (§ 551 para. 3 BGB). In a student or youth residence, however, there is no obligation to pay interest.
May the landlord keep part of the deposit?
The landlord may offset the deposit against justified claims. Whether a claim is justified shows in the statement and the receipts. Ask for evidence, for example for repairs, and check each item separately.
What if I caused damage?
Then the landlord may retain the deposit to the extent of a damages claim. The amount depends on the actual costs, which you can check against invoices. Whether damage goes beyond normal wear and tear is often the real point of dispute.
How can I prepare the repayment before I move out?
Photograph the flat on the day you leave, get a handover record signed and clear open points beforehand. Noting the meter readings also makes the service charge statement easier to check. This reduces the risk of a dispute over damage considerably.
What to do now
- Create a handover record at move-in and at move-out, and photograph the rooms.
- After you move out, request the final statement of the deposit in writing.
- Check each item against the receipts and note your objections.
- If payment does not arrive, set a written deadline and get advice.
Moving out at the end of the semester
Many students move out at the end of a semester, often just before or after exam weeks. It is a busy time, and the flat is often handed over in a hurry. Plan at least two weeks before the move-out date so you can clean the rooms calmly and record any defects.
Also agree in advance how you will hand over the keys and who will attend the handover. A witness, or a record signed by both sides, helps if the condition is later disputed. Confirm the move-out date and the handover with the landlord in writing.
Interest and investment: how to check the account
If your deposit sits in a deposit account, check the statement. It shows whether interest has been credited and what the sum is after investment. If something is unclear, ask the bank or the landlord to confirm the amount and the investment period.
Interest belongs to the security and must be taken into account on repayment, as far as it is yours (§ 551 para. 3 BGB). There is no obligation to pay interest in a student or youth residence. If you live in such a residence, you can therefore generally expect the repayment without an interest component.
Related guides
- Student Housing in Germany: Rent, Shared Flats, Halls and Housing Benefit
- Student Rent Deposit in Germany: Amount, Instalments and Interest
- Kautionsversicherung statt Mietkaution
- Checking a German Service Charge Statement: Deadlines and Errors
- Heating Costs in a Shared Flat in Germany: Who Pays What
- Kündigungsfrist im WG-Zimmer: Wann du ausziehen kannst
Sources: § 551 BGB, limitation and investment of security (German) (as of November 2026).
Last updated: November 2026. This guide is general information, not individual advice.
