Refund of Deposit
Sample "Rückforderung Kaution"
This document is used for reclaiming the rental deposit after the termination of a rental agreement in Germany or Austria. It contains all the necessary information and legal foundations to properly request the refund of the deposit. In German, this document is called "Rückforderung Kaution"
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Reclaiming the Rental Deposit: A Guide for Tenants in Germany and Austria
Reclaiming the rental deposit is an important step after the termination of a rental agreement. In Germany and Austria, tenants have the right to reclaim their deposit, provided there are no legitimate claims from the landlord. This guide explains when and how you can successfully reclaim your rental deposit.
When should the rental deposit be reclaimed?
The rental deposit should be reclaimed after the termination of the rental contract and the handover of the apartment. It is advisable to request the deposit in writing if the landlord does not repay it within a reasonable period of about three to six months.
Legal Basis
In Germany, Section 551 of the Civil Code (BGB) regulates the rental deposit. In Austria, the deposit is anchored in the Tenancy Law (MRG). Both laws stipulate that the deposit must be refunded after deducting legitimate claims from the landlord.
Required Information for Reclaiming
- Full name and address of the tenant
- Address of the rented property
- Date of the end of the rental contract
- Bank details for the refund
- Proof of the original deposit payment
Reclaiming the rental deposit can be a straightforward process if all legal and formal requirements are met. Ensure that you provide all necessary information and refer to the legal provisions in Germany and Austria to enforce your claims.
FAQ
In Germany and Austria, you can generally request the refund of the rental deposit after the termination of the rental agreement. However, the landlord has the right to a reasonable period for inspecting the apartment and settling the utility bills. This period usually ranges from three to six months.
To apply for the refund of the rental deposit, you should have the following documents ready:
- The rental agreement
- An apartment handover protocol
- Receipts for the deposit paid
- A written request for refund to the landlord
The landlord can deduct amounts from the rental deposit for outstanding rent payments, damages to the apartment that exceed normal wear and tear, and utility bills that have not yet been settled. However, these deductions must be reasonable and verifiable.
If the landlord does not refund the deposit within a reasonable period, you should request the refund in writing and set a deadline. If the payment is still not made, you may consider taking legal action, such as involving a lawyer or initiating a dunning procedure.
Similar regulations apply to the rental deposit in both countries. However, a significant difference is that in Austria, the deposit is often held in a trust account, while in Germany, the deposit must be placed in a separate, interest-bearing account of the landlord. It is important to observe the specific legal provisions of each country.