Statute of Limitations on Reclaiming a Deposit: How Long Can You Still Claim It?

Many former tenants assume that a deposit that hasn't been returned after a few months of silence is simply lost. In fact, the refund claim is subject to the regular three-year limitation period under Section 195 BGB, considerably longer than most people assume. At the same time, the landlord's counterclaims for damage to the flat are subject to a much shorter six-month period. Knowing both deadlines makes it easier to judge how long a deposit claim can actually still be enforced.

The regular limitation period for the tenant

A tenant's claim to the deposit refund is subject to the standard three-year limitation period under Section 195 BGB. Under Section 199 BGB, this period begins at the end of the year in which the claim arose. What matters is not the day of moving out, but the point at which the refund claim actually falls due, meaning after the reasonable review period the landlord is entitled to. Case law generally puts that review period at two to six months, longer still for an especially complex utility cost statement.

An example: someone who moves out in March of a given year and grants the landlord a typical four-month review period has a refund claim that falls due around July of that same year. The three-year limitation period then starts running from the end of December of that year and ends three years later, again at year-end.

The short deadline for the landlord's damage claims

A much shorter deadline applies on the other side. Under Section 548(1) BGB, the landlord's claims for changes or deterioration to the rented property expire after six months, counted from the point the landlord gets the flat back. This covers claims for damage that goes beyond normal wear and tear, such as holes in walls or damaged flooring. If the landlord does not respond with a concrete damage claim within these six months, those claims are time-barred.

How the two deadlines interact

The landlord's short six-month deadline and the tenant's long three-year deadline create an important quirk in practice. If the landlord only settles the deposit after the six months have passed and raises damage claims at that point, those claims are, in principle, already time-barred. Under Section 215 BGB, however, the landlord may still set off an already time-barred claim against the deposit refund claim, provided that claim was not yet time-barred at the point it first became possible to set it off. In practice, that means: as long as the refund claim itself has not yet expired, the landlord can still offset damage claims against it even after the six-month deadline, as long as those claims arose in time.

What this means for your own deposit claim

Anyone who has been waiting more than six months for a deposit and has heard nothing from the landlord doesn't have to give up the claim immediately, but doesn't have unlimited time either. The three-year period runs from the end of the year in which the claim fell due, not from the move-out date itself. In practice, it makes sense to assert the claim in writing, with a specific date, as soon as the usual review period of a few months has passed, rather than waiting out the full limitation period. That makes it easier later to prove exactly when the claim arose and when it fell due.

Conclusion

The deposit refund claim only expires after three years from the end of the year it fell due, while the landlord's damage claims expire after just six months from handing back the flat. Knowing these different deadlines makes it possible to judge a delayed deposit refund more realistically, instead of writing it off too soon.

Frequently Asked Questions

How long can I still reclaim my deposit after moving out?

The claim expires after three years under Section 195 BGB, counted from the end of the year in which it fell due.

When exactly does the limitation period start running?

At the end of the calendar year in which the refund claim arose and fell due, meaning after the review period the landlord is entitled to.

How long does the landlord have to claim damages for harm to the flat?

Six months under Section 548 BGB, counted from the point the landlord gets the flat back.

Can the landlord still deduct something from the deposit after these six months?

The landlord may, under certain conditions, still set off a claim that is technically time-barred, provided it was not yet time-barred at the point offsetting first became possible, as governed by Section 215 BGB.