How to Get Your Rental Deposit Back in Germany and Austria

Moving out of a rental property can be stressful, especially when your landlord does not return your rental deposit (Kaution). It’s important to know that as a tenant, you have strong rights under German and Austrian law. This guide will help you understand the process of reclaiming your deposit and provide you with the tools you need to take action.

Wie lange darf der Vermieter die Kaution einbehalten?

In Germany, the landlord is allowed to hold your rental deposit for a period of 3 to 6 months. This timeframe is meant for the landlord to assess any potential damage to the property and to settle any outstanding utility costs. According to §551 of the Bürgerliches Gesetzbuch (BGB), the landlord must return the deposit after this period unless there are legitimate reasons for withholding it. If your landlord is stalling beyond this timeframe without valid reasons, it may be time to take action.

Schritt für Schritt: So fordern Sie Ihre Kaution zurück

Check the Handover Protocol: Ensure you have a copy of the handover protocol (Übergabeprotokoll) that documents the condition of the property when you moved out. This will be crucial in proving that you left the property in good condition.
Set a Written Deadline: Contact your landlord and set a clear deadline for when you expect the deposit to be returned. A reasonable timeframe is 14 days from your notification.
Send a Formal Rückforderung Letter: If the deadline passes without a response, send a formal request for the return of your deposit. This letter should include your details, the amount of the deposit, and a reference to the handover protocol.
Mahnung (Reminder): If your landlord still does not respond, send a reminder (Mahnung). This should reiterate your request and mention that you may consider legal action if the situation is not resolved.
Explore Legal Options: If all else fails, you may need to consider legal action. Consult with a local tenant’s association (Mieterverein) or seek legal advice to understand your options.

Häufige Fehler

Not keeping a copy of the handover protocol.
Failing to set a clear deadline for the deposit return.
Not sending a formal request for the return of the deposit.
Ignoring the possibility of legal action too late in the process.

Vorlage: Rückforderung der Kaution

The key step in reclaiming your deposit is to send a formal written request. DokBrief offers a free template to help you with this process. You can find it here: Rückforderung Kaution — kostenlose Vorlage. For more information on the deposit itself, check out the glossary term on Kaution.

Remember, you have rights as a tenant, and it’s important to stand up for them. Don’t hesitate to take action and reclaim what is rightfully yours.