Three rules that decide your case
- Maximum three months' rent. The deposit may not exceed three times the monthly rent excluding service charges (§ 551 para. 1 BGB), and you were entitled to pay it in three instalments. Anything above that limit can be reclaimed immediately, even during the tenancy.
- It must earn interest. Your landlord has to keep the money separate from their own assets and invest it; the interest belongs to you (§ 551 para. 3 BGB). A clause saying otherwise is void. Ask for the deposit plus accrued interest, or you will simply not get it.
- No fixed repayment date. The law names none. Courts grant a reasonable review period, and about six months is the accepted rule of thumb. Longer only for a part of the money, and only for a reason the landlord names and quantifies.
The one hard deadline: limitation
Your claim is subject to the standard limitation period: three years, counted from the end of the year in which the claim became due (§§ 195, 199 BGB), not from the day you moved out.
Example: the tenancy ended on 31 March 2024, the deposit became due around 30 September 2024. The clock starts on 31 December 2024 and runs out on 31 December 2027. After that the money is gone, however justified your claim was.
Note the mirror image: claims of the landlord for damage to the flat expire much faster, six months after they get the flat back (§ 548 BGB). A landlord who discovers damage late often cannot set it off any more.
If the flat was sold while you lived there
The new owner steps into the deposit relationship and owes you the money (§ 566a BGB). If you cannot get it from them, the old landlord remains liable. In other words, you have two debtors. Address the current owner first and mention the previous one.
What to write, and how
- A demand, not a request. State clearly that you are demanding repayment.
- The amount, plus interest. Name the sum you paid and ask for the accrued interest expressly (§ 551 para. 3 BGB).
- A concrete date. Around 14 days is reasonable. A date can be checked; "soon" cannot. When it passes, the landlord is in default and owes interest on top.
- Your IBAN and your new address. The most common reason for delay is banal: they no longer have your bank details.
- Proof of delivery. Hand it over against signature on a copy, or send it as Einwurf-Einschreiben (registered mail, delivery to the letterbox). Keep the receipt.
The letter itself is in German. On purpose.
Our tools calculate your deadline under German law and produce a ready-to-sign letter in German, plus instructions in plain language. A landlord, employer or authority in Germany answers a German letter faster, and in a dispute only the German wording counts. You stay in control: every figure in the letter comes from what you entered.
Calculate your deadline, then send the letter
The calculator checks the legal maximum, the due date and the exact limitation date, and produces the German demand letter with deadline, interest and your bank details.
Open the deposit calculatorFrequently asked questions
How long can the landlord keep my deposit?
There is no statutory deadline. The accepted review period is about six months after the tenancy ends. Beyond that, the landlord may only retain a reasonable part for a specific, named claim, typically a pending service charge statement (Nebenkosten). The undisputed rest is due immediately.
Can I simply not pay the last month's rent instead?
No, and it is an expensive mistake. The deposit secures the landlord's claims; refusing rent is a breach of contract. The landlord can sue for the rent and, in the worst case, terminate for arrears before you have even moved out.
The landlord claims damage but names no figures. Do I have to accept that?
No. Retaining money requires a concrete, quantified counterclaim. Ask in writing for an itemised list with amounts. If none arrives, demand the full sum. Also remember § 548 BGB: the landlord's damage claims expire six months after they get the flat back.
Do I need a lawyer?
Usually not for the first letter. If nothing happens after your deadline, the cheapest next step is the German court dunning procedure (Mahnverfahren) at online-mahnantrag.de: low fees, no lawyer needed, and it ends with an enforceable title if the landlord does not object. A local tenants' association (Mieterverein, from roughly 40 euros a year) is the other affordable option.
Is your letter in English?
No, and that is deliberate. The calculation and the instructions are in English, the letter itself is in German, ready to sign. German landlords answer German letters, and in a dispute the German wording is what counts.
Not legal advice. This page explains German law in general terms and does not replace advice on your individual case. We are not lawyers, not a public authority and not a tenants' association. Every provision we cite is linked so you can read it yourself. German-language pages on this site carry the same legal content; this page is a translation of the explanation, not of the law itself.