Objecting to a Kaution settlement: model letter

How to fill in the model letter

The more specific your reason for each item, the harder the objection is to ignore.

1. 1

   Say which settlement you mean

   Give the date of the settlement, the address of the flat and the date you returned it.

2. 2

   List each item you dispute

   Write the description and the amount, then your reason in one sentence.

3. 3

   Pick the reason that fits

   The usual reasons are: normal wear, already there when you moved in, not backed up, or charged at the new price instead of the current value.

4. 4

   Say what you accept

   Also name the items you think are justified. That makes the rest of your objection more credible.

5. 5

   Ask for receipts and set a deadline

   Ask for invoices or cost estimates. Then state the amount you want paid and a deadline for payment.

6. 6

   Enclose your proof and send it

   Enclose your Einzugsprotokoll (move-in record) and photos. Send the letter by Einwurf-Einschreiben (registered post delivered to the letterbox) or by messenger.

Model letter: objection to the Kaution settlement

Fill in the blanks and send the letter in a way that lets you prove it arrived. If your landlord writes in German, the German version is on our German page.

Your name
Your address

To: ________ (landlord's name and address)

Place, date: ________

Subject: Objection to your Kaution settlement dated ________
Flat: ________ (address, floor), returned on ________

Dear Sir or Madam,

In your settlement dated ________ you keep ________ € of my Kaution of ________ €. I object to the following items:

1. ________ (description), ________ €
Reason: ________ (e.g. normal wear from agreed use, § 538 BGB / already there at move-in, see Einzugsprotokoll (move-in record) dated ________ / not backed up / charges the new price instead of the current value)

2. ________ (description), ________ €
Reason: ________

3. ________ (description), ________ €
Reason: ________

I accept the item ________ amounting to ________ €. (Delete if not applicable.)

For every item you maintain, please send me a clear breakdown with invoices or cost estimates.

I ask you to transfer ________ € plus the interest accrued on the Kaution by ________ (date, about two weeks from today) to the following account:
Account holder: ________
IBAN: ________

If the amount has not arrived by then, I will take further steps.

Yours faithfully

________ (signature)

Enclosures:
Einzugsprotokoll (move-in record) dated ________
Photos or condition report from move-in and move-out
Übergabeprotokoll (handover record) from move-out (if any)

This is a general template, not legal advice. Adapt it to your case. For large amounts, a Mieterverein (tenants' association) can help.

Why this matters

Frequently asked questions

More on this

Also in this topic: New-for-old deduction: what tenants really pay for damage · Drill holes at move-out: must you fill them? · Kaution withheld for the Nebenkostenabrechnung: how much is allowed? · Getting your Kaution back from the Hauptmieter · All guides: Deposit