How long can my landlord hold onto the security deposit?
July 4, 2024 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer,
My name is Gerald Krausmüller and I am reaching out to you with a question regarding rental law. Two years ago, I rented an apartment and deposited a security deposit equivalent to three months' rent to my landlord. I have since moved out and returned the apartment in proper condition.
However, my landlord refuses to refund the security deposit and claims that he still has outstanding debts that he wants to offset with the deposit. I am concerned that he is wrongfully withholding the deposit and would like to know how long he is actually allowed to do so.
Could you please explain to me the legal regulations in this case and what options I have to claim back my deposit? Is there a deadline by which the landlord must return the deposit?
Thank you in advance for your assistance.
Kind regards,
Gerald Krausmüller
Dear Mr. Krausmüller,
Thank you for your inquiry regarding the return of the security deposit in rental law. I'm sorry to hear that your former landlord is refusing to return the deposit to you. It is important that you know your rights and how to proceed in this situation.
According to § 551 Abs. 1 BGB, the landlord is obligated to promptly return the deposit after the termination of the rental agreement. It is irrelevant whether the landlord actually has any outstanding claims against the tenant or not. The landlord may only retain the deposit if there are indeed claims against the tenant that can be offset with the deposit.
If the landlord unjustly withholds the deposit, as a tenant, you have various options to reclaim your deposit. First, you should request the return of the deposit from your landlord in writing and with proof (preferably by registered mail). Give him a reasonable deadline, for example, two weeks, to return the deposit.
If the landlord fails to return the deposit even after the deadline, you can take legal action. For example, you can apply for a payment order or file a lawsuit at the relevant district court. I recommend seeking advice from a lawyer to appropriately enforce your rights.
It is important to note that in case of doubt, as a tenant, you must prove that the landlord is unjustly withholding the deposit. Therefore, keep all relevant documents, such as the rental agreement, the protocols of the apartment handover and acceptance, and communication with the landlord, carefully.
I hope this information is helpful to you and wish you success in reclaiming your deposit.
Best regards,
Oliver Hentschel
