Disputes over the Repayment of a Rental Deposit Paid by the Tenant Are, Unfortunately, a Recurring Issue in Germany
Watch the Video First, then Scroll Down and Fill Out the Form for a FREE – no obligation on your part – Case Evaluation by Attorney Kiril Stawrew
As a law firm, we are repeatedly confronted with cases where the landlord refuses to return the rental deposit paid by the tenant, often using flimsy and baseless arguments — even though the tenancy has long since ended.
Typically, landlords bring up the same inaccurate and exaggerated claims, especially excessively high invoices for alleged cosmetic repairs that supposedly had to be carried out after the tenant moved out due to the allegedly poor condition of the apartment.
Furthermore, we often see landlords attempting to assert claims against tenants that are already time-barred, and which the tenant is therefore under no obligation to pay.
Such claims are pursued by landlords even though, in many cases, the contractual clause regarding cosmetic repairs is legally ineffective, or the issues in question do not constitute damage caused by the tenant but rather normal wear and tear of the rented property.
They also often claim compensation for lost rent, arguing that the renovation work took so long or had to take place during a period when the apartment could not be rented to a new tenant immediately afterward — resulting in at least one month of lost rental income.
We see these and similar arguments time and again, with landlords’ “creativity” when ti comes to keeping the deposit having no limits.
Legally, however, the situation is very different:
The landlord is obliged to settle the rental deposit within a reasonable period — typically three to six months after the end of the tenancy — and to return it to the tenant.
The landlord can only offset alleged claims against the deposit if he can substantiate and prove that such claims actually arose, are the tenant’s responsibility (i.e., the tenant violated contractual obligations), and that the costs incurred were necessary and reasonable in amount.
The burden of presentation and proof lies with the landlord. Many landlords are quickly overwhelmed when it comes to providing even a halfway coherent explanation as to why the costs were so high or why the repair work was not carried out at a time that would have enabled follow-up rental — or at least kept the repair period as short as possible.
Our law firm therefore represents tenants who have fallen victim to such landlords and who have not received their deposit back — both out of court, through written demands and negotiations, and in court if an amicable solution cannot be reached.
If you are a tenant in such a situation where discussions with the landlord are going nowhere, despite your own repeated efforts, and if the landlord is making “counterclaims” that appear questionable or excessively high, you are welcome to take advantage of our free initial consultation.
Simply fill out the form below, and Attorney Stawrew will contact you within 24 hours to discuss next steps.