Deposit explained

Getting your deposit back: which deadlines apply

After you move out, the landlord may review the deposit for three to six months, and hold back part of it for longer if a service charge statement is still outstanding. Then he must pay, with interest. Your claim becomes time-barred three years after the end of the year in which it fell due; the landlord's claims against you become time-barred just six months after you hand back the flat (§ 548 BGB).

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In short
  • Three to six months' review period after the handover for the landlord; the law sets no fixed figure, but courts accept this range.
  • He may keep part of it for the service charges, until the statement is issued and only up to the expected back payment.
  • Six months for the landlord: claims for damage to the flat become time-barred six months after the handover (§ 548 BGB).
  • Three years for you: after that, your claim to the deposit is time-barred (§§ 195, 199 BGB). Demand it in writing before then.

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How long may the landlord review?

In principle, the deposit falls due once you hand back the flat. But the landlord may check whether he has claims against you: damage beyond normal wear and tear, unpaid rent, unpaid service charges. Courts allow him a reasonable period for this review, usually three months, up to six in complicated cases. After that he must settle up and pay out, including the interest that has accrued on the deposit account.

Normal wear and tear is not a deduction

Holes from wall plugs, light tread marks on the floor, walls yellowed after years: that is use in line with the contract (§ 538 BGB). The landlord may withhold nothing for it. He may deduct only quantified damage that is recorded in the handover report or that he can prove.

May he keep something for the service charges?

Yes, but only a reasonable part and only until the statement is issued. If the service charge statement for the last year is still outstanding, the landlord may retain an amount equal to the expected back payment, usually based on the last statement. He must pay out the rest of the deposit after the review period. The statement itself must reach you no later than twelve months after the end of the billing year (§ 556 (3) BGB); after that he can no longer demand a back payment and must pay out the retained amount.

Example: move-out on 31 March 2026, deposit of €2,400, the last service charge statement showed a back payment of €180.

The landlord reviews until the end of June 2026. He then pays out €2,200 and keeps around €200 until the statement for 2026 is available, by 31 December 2027 at the latest.

When does your claim become time-barred?

After three years. The period starts at the end of the year in which the claim fell due, that is, the year in which the review period expired (§§ 195, 199 BGB). A written reminder does not stop the clock; only a court action or an order for payment (Mahnbescheid) does. So do not wait until the last month.

The deadlines for a move-out on 31 March 2026
StepDate
Handover of the flat31 March 2026
Landlord's review period ends, deposit duearound 30 June to 30 September 2026
Limitation period begins1 January 2027
Limitation period ends31 December 2029

What deadline applies to the landlord?

A short one: the landlord's claims for damage to the flat become time-barred six months after the handover (§ 548 (1) BGB). If he turns up after seven months with an invoice for scratches in the parquet, you can plead limitation, and he may no longer deduct anything from the deposit for it. The short period does not apply to unpaid rent and service charges; there it stays at three years.

Handover means handing over the keys

The six months run from the day the landlord has the flat back, usually the day you hand over the keys, not the end of the contract. Record the date in the handover report.

How to get your deposit back

  • 1. Three months after the handover: ask politely in writing, with your bank details.
  • 2. After six months: send a reminder with a 14-day deadline, pointing to the expired review period and the interest.
  • 3. Check the deductions: every deduction must be quantified and evidenced. Reject normal wear and tear, flat-rate renovation costs or damage not in the handover report.
  • 4. Once the deadline has passed: order for payment or court action; the amount in dispute is the deposit, and the loser pays the costs.

What the landlord may and may not deduct is explained under Reclaiming your deposit; the final statement under Service charge statement and deposit.

Common questions about deposit deadlines

May the landlord keep the whole deposit until the service charge statement is issued?

No. Only a part equal to the expected back payment. He must pay out the rest after the review period.

Do I get interest?

Yes. The deposit must be invested separately and bear interest (§ 551 (3) BGB); the interest belongs to you, even if it is small today.

I moved out four years ago. Is it all lost?

Probably yes, if you never sued or applied for an order for payment. Reminders alone do not suspend the limitation period.

Can I offset the last month's rent against the deposit?

No. The deposit is security, not credit; if you do not pay the last month's rent, you risk a justified deduction and default interest.

Is your rent above the limit?

CONNY checks for free whether rent control applies to your flat and enforces the reduction. You pay only if we succeed.

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