When Does the Deposit Return Deadline Actually Start Running?

Photo: Sotirios T. K via Unsplash.

Many former tenants calculate the usual deposit deadline from the date they gave notice, or from the calendar end date of the lease. But a different, often-overlooked point in time actually governs it.

The decisive date: actual handover

The review period a landlord is entitled to for settling the deposit doesn't start when the lease formally ends according to the notice letter. It starts only once the apartment is actually handed back, generally meaning once all keys are fully returned and the flat is handed over to the landlord. If the lease formally ends at month's end but the flat is only handed over a few days later, the deadline only starts running from that later point.

Why this matters for the calculation

This distinction isn't a technicality. Anyone who returns the flat later than planned, say because furniture still needs collecting or a subtenant stays on, also pushes back the start of the review period, to their own disadvantage when it comes to a prompt refund. Conversely, handing back the flat early means the settlement can be expected correspondingly sooner.

How long the review period usually runs

In case law, a period of roughly two to three months from handover has become established as reasonable for a pure damage assessment. If a Nebenkosten statement is also outstanding, the practically accepted period extends to as much as six months, since the landlord can only settle Nebenkosten once the billing period itself has ended anyway.

What applies to a delayed handover

If the flat isn't fully handed back, for example because personal belongings remain inside or not all keys are returned, the deadline may not even start running yet. For tenants, that means a complete, documented handover with all keys at a clear point in time is the precondition for the deadline being triggered at all.

What tenants should keep in mind

The most sensible approach is to record the exact moment of complete handover in writing, ideally in the handover protocol itself, with a date and confirmation that all keys were returned. That creates clarity later about exactly when the review period actually started running.

Conclusion

It isn't the end date of the contract but the actual, complete handover of the apartment with all keys that starts the deposit review clock. Anyone who documents that moment has a clear basis later for demanding a delayed refund.

Frequently Asked Questions

Does the date I gave notice count for the deposit deadline?

No. What matters is the actual, complete handover of the apartment, not the date stated in the notice letter.

What if the flat is handed over later than the contract provided?

Then the review period only starts with the actual handover, not the formal end of the contract.

How long does the review period usually last?

Roughly two to three months for a pure damage assessment, up to six months if a Nebenkosten statement is still outstanding.

What if not all keys were handed over?

The deadline may not even start running yet. A complete, documented handover is the precondition.

Anyone moving straight on to a new place can browse current listings on Waitly. For how long a landlord can wait on the utility statement before the deposit falls due, see How Long a Landlord Can Hold Your Deposit for Nebenkosten. For the deadlines on reclaiming the deposit itself, see Statute of Limitations on Reclaiming a Deposit. If the landlord withholds despite a handover protocol, a special rule applies, see Landlord Withholding Deposit Despite a Clean Handover Protocol.