How should I behave if my rental deposit is not refunded?

Hello everyone,

I am wondering what I can do if my landlord simply does not return my rental deposit after moving out. The deposit is meant to serve as security for any possible damages or outstanding rent payments, but it should not be the case that the landlord just keeps the money without giving reasons, right? What rights do I have as a tenant in such a case? Is there a legal time frame within which the deposit must be returned? And what can I do if the landlord refuses to refund the deposit? It would be great if someone could share their own experience or knows what steps to take to get their money back.

Thank you in advance!

There was a new BGH ruling just today, which has somewhat strengthened the rights of landlords. Unfortunately, links are strictly prohibited here, so please run the query yourself through a search engine.

In short, withholding the deposit for up to 6 months is quite permissible. Longer retention is only allowed if the landlord asserts claims during this period, e.g. damages to be repaired at the expense of the former tenant, then longer withholding is also permissible. However, the damages must be documented upon move-out. Otherwise, the deposit must be paid back to the tenant with interest no later than after 6 months.

The deposit must also be retained for an expected additional payment from the outstanding service charges statement. This can sometimes be for a year. However, if you had a credit in the last statement and there are no open defects, the landlord must refund it. Further calculations may still be made for up to six months after moving out (documented and claimable defects). Otherwise, you can file a claim for restitution at the local court.

The whole issue with the deposit is plainly ridiculous, I also had trouble with a landlady who backed down shortly before the court date.

In my experience, it's always the private landlords who make a huge fuss and, with a flat in Erkenschwick, act like they're renting out mar-a-lago.

Hang in there, first send a payment reminder and then take action against it with legal assistance.

Stay on it, first send a payment order and contest it with legal assistance.

That would also be my suggestion. However, the payment order must formally include everything. You can find that on Google. You can then add the sentence: otherwise the matter will be passed on. Obvious "threats with a lawyer" should be avoided.

if my landlord simply does not repay my rental deposit after moving out.

When did you move out? Six months after moving out is definitely to be accepted by you.