Getting your Kaution back after leaving Germany
What to sort out before you go, and how to get your Kaution (deposit) back once you live abroad.
Before you leave, give the landlord your new address and an IBAN in writing, and record the flat on your last day. After the review period, ask for the Kaution with a deadline. If nothing comes, there are court routes that work from abroad.
What to sort out before you leave
Once you are abroad, everything happens by email and post. Sort out these points first so that it works.
- 1
Record every room
On your last day, record the walls, floor and ceiling of every room, and whatever stands in front of them.
- 2
Get a signed Übergabeprotokoll
The Übergabeprotokoll (handover record) should be signed by both sides. Take a copy with you.
- 3
Leave your new address
Give the landlord your new address in writing at the handover. It should be a postal address, not only an email.
- 4
Give your IBAN and BIC
Tell the landlord which account the Kaution should go to. Use an account in the SEPA area if you can.
- 5
Get a receipt for the keys
Hand over the keys and get a receipt. The landlord's review period starts when you return the flat.
- 6
Keep your Abmeldebestätigung
The Abmeldebestätigung (deregistration certificate) is proof of when you left Germany.
How to get your money from abroad, step by step
Start at the top. Each step only makes sense if the one before did not work.
| Route | When to use it | Where | Legal basis |
|---|---|---|---|
| Written demand | After the review period, with a deadline of about 14 days | To the landlord, in a way you can prove | § 286 BGB |
| German Mahnbescheid (court payment order) | The landlord does not pay and gives no reason | Amtsgericht Wedding in Berlin, if you no longer live in Germany | § 689 Abs. 2 ZPO |
| Lawsuit in Germany | The landlord disputes the claim or objects to the Mahnbescheid | The Amtsgericht (local court) where the flat is | § 29a ZPO |
| European Small Claims Procedure | You now live in another EU country (not Denmark), claim up to 5,000 euros | A German court, by standard form, no lawyer required | Regulation (EC) No 861/2007 |
| European Payment Order | You now live in another EU country and expect no dispute | Amtsgericht Wedding in Berlin | Regulation (EC) No 1896/2006, § 1087 ZPO |
Why this matters
Your right to the Kaution is the same abroad, but you cannot be there to object in person. Whether a deduction is justified depends on how the flat looked when you returned it. The only proof you can take across the border is what you recorded.
General information, not legal advice.
Frequently asked questions
How long can my landlord keep the Kaution after I leave Germany?
The landlord can keep the Kaution as long as for any tenant, usually three to six months after you return the flat. If the yearly Nebenkosten statement (Betriebskostenabrechnung) is not done yet, the landlord can keep a reasonable part for longer and must pay out the rest.
Can my landlord pay the Kaution into a foreign bank account?
Yes, within the SEPA area, which includes all EU countries, the landlord can make a normal transfer to your IBAN. If your account is outside the SEPA area, agree with the landlord before you leave how they will pay.
Can I take my landlord to court from abroad?
If you no longer live in Germany, you can apply for a German Mahnbescheid (court payment order) at the Amtsgericht Wedding in Berlin (§ 689 Abs. 2 ZPO). If you live in another EU country, you can also use the European Small Claims Procedure for claims up to 5,000 euros.
Also in this topic: Kautionsbürgschaft: what tenants need to knowInterest on the Kaution: what tenants get and how to check itObjecting to a Kaution settlement: model letterAll guides: Deposit
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