German court extends landlords’ claim to deposit after tenants leave

The German Federal Court of Justice (BGH) has strengthened landlords’ right to claim their tenants’ deposits for damages once they have moved out.

German landlords can now claim Kaution six months after move

According to a new ruling from the BGH, landlords in Germany can now claim money for damages out of their tenants’ rental security deposit for a longer period after tenants have left the property.

In Germany, after tenants move out landlords have a maximum of six months in which they can request money to repair damages for which the former tenants were responsible.

However, the BGH has ruled that if the landlord wants to use the money from their tenant’s deposit - typically amounting to three months rent in Germany - to pay for damages, they can claim this money more than six months after the tenant has moved out.

However, for them to be able to take the deposit money after the six months have elapsed, the landlord must have asserted their claim within the six months. 

For example, five months after you move out your former landlord could tell you that they will use your deposit to fix a balcony door which you broke and claim the money seven months after your move out to go ahead with the repair.

How long can a German landlord keep your deposit after moving out?

If your landlord has not made a repairs claim within the first six months of you moving out, they are legally obligated to transfer your deposit back to you within those six months.

To prevent future disagreements, when signing a rental contract it’s a good idea to make sure that the document contains a timeline, specifying exactly when and how the security deposit will be returned, and under which circumstances it can be withheld.

Thumb image credit: Andrey Sayfutdinov / Shutterstock.com