Statement and supporting documents
Review of the lease, handover records, correspondence, and the landlord's statement to assess the retention.
Rental deposit
Berlin and across Germany
Rental Deposit Refund – Lawyer
For tenants in Berlin
If your rental deposit is not repaid after move-out, the key issue is whether the landlord has a valid legal basis for withholding it and how repayment should be pursued.
What often matters in deposit disputes:
- ›Review of whether the landlord still has any valid right to retain the deposit
- ›Assessment of statements, damage allegations, and claimed repair or redecoration costs
- ›Evaluation of whether the deposit should be repaid in full or in part
- ›Clear lawyer guidance on the next practical step against the landlord
You receive a clear first assessment of whether the withheld deposit can likely be recovered.
Important to know: A landlord cannot simply keep the deposit without a valid basis. Timing, documentation, and the alleged counterclaims often matter.
Full service in English language
What a deposit review usually covers
Alleged counterclaims
Assessment of whether alleged damage, utility back-payments, or redecoration costs can legally be deducted from the deposit.
Repayment claim
Review of whether the deposit should be repaid in full, in part, or without further delay.
Response strategy
Clear guidance on how the repayment claim should be raised effectively and in a legally sensible way.
After move-out, review time and the amount retained must be separated
The full deposit does not automatically fall due on the day keys are returned. The landlord may review open issues, but any retention must be justified by a specific reason and proportionate amount.
Handover condition and outstanding claims
The handover record, photographs, meter readings, and correspondence show which damage or obligations were genuinely outstanding. Ordinary wear must be distinguished from compensable damage.
Accounting rather than blanket retention
Rent arrears, alleged damage, and pending service charges require separate assessment. Security for a possible future service-charge balance does not automatically justify retaining the whole deposit.
Partial payment, demand, and default
An undisputed portion may be demanded separately. After adequate review time and a specific request, the issue is whether repayment is due and the landlord is in default.
Enforcement therefore follows a clear final account: deposit and accrued return, less specifically proven and legally enforceable counterclaims.
Frequently asked questions
Can the landlord simply keep the deposit after move-out?
Not without a valid legal basis. The question is whether the landlord can point to specific counterclaims that justify keeping the deposit.
Do alleged damage or redecoration costs matter?
Yes. Landlords often rely on damage allegations or redecoration claims, but whether those points actually hold up needs to be reviewed case by case.
Can I still recover the deposit if there were disputes about defects?
That depends on the exact reason for the retention. A careful review of the documents usually shows which deductions are defensible and which are not.
Is this a standard tenancy-law issue?
Yes. Deposit repayment is one of the classic disputes at the end of a tenancy.
Can the first review be handled online?
Yes. Initial contact and the first document review can be handled fully online or by phone.
Mandant
3 months ago
Mr. Lerch provided me with highly professional, calm, and dedicated support throughout my legal proceedings. I particularly appreciated his honest assessment of my case and the clear communication he maintained throughout the entire process. Thanks to his strategy and preparation, we achieved a significantly better outcome than originally anticipated in the penalty order. I felt well-advised and taken seriously at all times. I can therefore wholeheartedly recommend Mr. Lerch and thank him again for his support. B. Paal
Mandant
5 months ago
Complete satisfaction! I needed an expert opinion for the recognition of professional experience towards my studies and received very professional support and advice from Mr. Lerch throughout the entire process. The fact that the application for recognition was accepted was simply the icing on the cake!
Mandant
5 months ago
Thank you so much for your prompt assistance in my rather complex case. I can highly recommend you – reliable, friendly, and straightforward!
How it works
Step 1
Send the facts
You briefly explain the move-out, the amount of the deposit, and what the landlord has said so far.
Step 2
Have the documents reviewed
I review the lease, handover documents, and the reason given for withholding the deposit.
Step 3
Receive clear guidance
You receive clear guidance on whether repayment can be demanded and to what extent.
Step 4
Agree on next steps
If further action makes sense, we agree on the next steps in a structured and practical way.
About Dr. Lerch
Dr. Philipp Lerch handles tenancy matters with a focus on clear legal assessment, understandable communication, and practical next steps. In deposit disputes, much often turns on whether the landlord's alleged counterclaims actually hold up.
Related pages
Cosmetic repairs
If the deposit is being withheld because of alleged redecoration duties or the condition of the flat.
Tenancy law
The broader page for ongoing and ended tenancy matters.
Property law
For related contract and ownership issues outside ongoing tenancy matters.
Claiming your rental deposit back: A tenant's guide
What to document after moving out, how to request an account, and how to respond when a deposit is retained.