When must the landlord repay the deposit?
There is no fixed statutory repayment deadline — only a reasonable period for review. What that means for you and when you can demand your deposit back.
You moved out weeks or months ago, and the deposit still hasn’t reached your account — and you don’t know whether that’s still normal or whether you should act. There is no fixed statutory deadline for repayment. Instead, what is recognised is a reasonable period for review and settlement, within which the landlord may offset claims against the deposit — for example for outstanding service charges.
How I can help you
- Assessing whether the waiting period so far is still reasonable or not
- Checking the deposit settlement statement for unjustified deductions
- Checking whether the amount of the deposit was even permissible in the first place
- Sending an out-of-court demand for repayment or settlement
- Enforcing your claim in court if the landlord fails to respond
What counts as a reasonable period — and what doesn’t
Case law looks at the individual case rather than a fixed number of weeks or months. What matters above all is whether the landlord still needs to allow for claims arising from the service charge statement — which, as a rule, may only be issued after the billing period has ended, so the review period can be extended accordingly. If all service charges have already been settled and there are recognisably no outstanding claims, the landlord must pay more promptly. If repayment remains outstanding beyond the reasonable period without a comprehensible reason, I will demand it on your behalf.
On the amount of the deposit: it may not exceed three times the monthly net rent excluding service charges (§ 551(1) BGB) and must be invested by the landlord so as to earn interest (§ 551(3) BGB) — the interest belongs to you and increases the deposit amount. If a higher deposit was agreed, or it is repaid without interest, I will check what you are additionally entitled to.
If the landlord fails to respond
If there is no response, or the deductions are not comprehensibly justified, I will first demand settlement and repayment out of court on your behalf. If that is unsuccessful, I will also represent you in court — for tenancy matters in the Ebersberg district as well as in the Rosenheim/Wasserburg area. Legal expenses insurance often covers the costs in a tenancy dispute; I will submit the coverage request for you. More on this at Real Estate Law.
Don’t wait indefinitely: the more specifically your claim is substantiated, the faster the other side generally responds.
This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-06-26.
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