Refund of the rental deposit after moving out

Many tenants wonder why their landlord does not refund the deposit straight after they move out. The following reasons can entitle the landlord to withhold all or part of the deposit:

• Additional service charge payments: The annual service charge statement (Nebenkostenabrechnung) is the most common reason. The statement may still result in additional payments owed by the tenant after moving out. In this case, the landlord is allowed to withhold at least part of the deposit after the tenancy has ended.
• Rent arrears: The landlord can offset rent arrears that arose during the tenancy against the deposit.
• Damage to the flat: The tenant damaged the flat and therefore did not return it in the condition in which it was rented.
• Late return of the flat: Under § 546a BGB (German Civil Code), the landlord can demand compensation for the late handover.
• Defective cosmetic repairs: Most tenancy agreements stipulate that the tenant must carry out any cosmetic repairs that become due. If these were not carried out as agreed, the landlord can demand corresponding compensation.

Tip: Before carrying out any cosmetic repairs, check whether the relevant clause in your tenancy agreement is valid. If the cosmetic repairs clause is invalid, you do not have to carry out the renovation work. With CONNY you can have the cosmetic repairs clause checked and contested by CONNY's contract lawyers.

The landlord must determine within a certain period whether any claims against the tenant remain. This period varies from case to case. If claims against the tenant still exist, the landlord may, depending on the case, withhold part or all of the deposit. Once no claims remain, there is no longer any reason to hold the security. The landlord must then refund the deposit to the tenant.

The most common reason for a delayed refund of the deposit or part of it is service charges. The landlord can only determine possible additional service charge payments through the annual service charge statement. Under § 556 (3) BGB, the landlord has until the end of the twelfth month after the end of the accounting period to deliver the service charge statement to you.

With the service charge statement issued after you move out, the refund of the withheld deposit then also becomes due. If, as a tenant, you have to make an additional payment as a result of the service charge statement, the landlord may deduct this amount from the withheld deposit.

Are you moving out at the beginning of the service charge accounting period? So that you do not have to wait too long for the service charge statement, the landlord is also bound here by a reasonable period for preparing the statement, which depends on the individual case. This is based primarily on when the landlord receives the data relevant for the statement.

This means that a refund of the full deposit may, for example, lawfully take place only six months after you have moved out of the flat.

The rental deposit serves as security provided by the tenant to cover any claims the landlord may have against the tenant. Many tenants therefore believe that, after giving notice on the tenancy, they can “live off” the deposit (“abwohnen”) and stop paying rent. This is not permitted, because you are only entitled to a refund of the deposit once the tenancy agreement has ended.

Your former landlord is not refunding your deposit? CONNY helps you reclaim your money.