Can I sue my landlord if he does not return my security deposit?
July 2, 2024 | 40,00 EUR | answered by Anna Fuchs
Dear Lawyers,
I have a question regarding my tenancy and the refund of my deposit. My name is Jakob Karpinski and I am a tenant of an apartment in Berlin. After giving notice to vacate my apartment and completing all necessary renovations, I requested the return of my 1500 Euro deposit from my landlord. However, my landlord has not responded and has not refunded the deposit.
I am concerned that my landlord is withholding my deposit even though I have met all the requirements for its return. I am unsure if I can sue my landlord to reclaim my deposit.
Can you please inform me if I am legally entitled to sue my landlord if he does not refund my deposit? What steps do I need to take in this case and what legal options do I have to recover my money?
Thank you in advance for your help and support.
Sincerely,
Jakob Karpinski.
Dear Mr. Karpinski,
Thank you for your inquiry regarding the refund of your security deposit. In your case, it is important to know that tenants in Germany are legally entitled to request the return of their deposit if all necessary conditions are met. If your landlord does not refund the deposit in a timely manner, you as a tenant have various legal options to recover your money.
Firstly, it is important that you set a reasonable deadline for your landlord to repay the deposit. This can be done in writing via registered mail or email. If your landlord still does not repay the deposit after the deadline, you can take legal action.
In such a case, you can sue your landlord for the return of the deposit. You should seek the advice of a lawyer who can represent you in this process. Your lawyer will then file a lawsuit with the relevant court and enforce the repayment of the deposit on your behalf.
It is important to note that as a tenant, in the event of a lawsuit, you bear the burden of proof that all conditions for the refund of the deposit are met. These include timely termination of the lease, completion of all renovation work, and returning the apartment in a proper condition.
Furthermore, you can also seek assistance from the local tenant protection association or consumer protection organization. These organizations can help you enforce your claims against the landlord and inform you about your rights and obligations.
Overall, you have various legal options available to enforce the refund of your deposit. I strongly recommend that you consult with a lawyer to have your claims professionally represented and to reach a prompt resolution.
I hope that my response has been helpful to you and wish you success in enforcing your claims.
Sincerely,
Anna Fuchs, Lawyer
