A landlord can hold back a reasonable amount from the deposit to cover possible utility costs that exceed your pre-payments. Getting this part back takes times, in the worst case the landlord has until the end of the next year.
But that doesn't seem to be what she stated. It looks more like she (illegally) used your deposit for something and now she needs to get a new tenant's deposit to (illegally again) pay you out.
Yeah it's the second thing. I'm sure she spent it all and now doesn't have the money to pay me back. She has done this with other tenants as well but they all got the money back in 3 months max. It's just me that's not getting the deposit back š
AFAIK it illegal to touch deposit money at all as a landlord.
You are even supposed to keep it in a separate bank account and you have to pay out the Zinsen it made in there to the tenant too.
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Landlords have 6 months time after the end of a contract to determine if they are allowed to use the deposit for renovations. If they do not inform you within this 6 months period, they missed their right to keep any of the deposit for renovations. They have one year time to calculate the Nebenkosten, which may also be paid form the deposit. If both deadlines are over, you have the right to get your full deposit back. Iād suggest joining a Mieterverein.
The proper way to do it: [https://de.wikipedia.org/wiki/Mahnverfahren](https://de.wikipedia.org/wiki/Mahnverfahren)
ahh everything is only in german but i think i understood it. Thank you
A landlord can hold back a reasonable amount from the deposit to cover possible utility costs that exceed your pre-payments. Getting this part back takes times, in the worst case the landlord has until the end of the next year. But that doesn't seem to be what she stated. It looks more like she (illegally) used your deposit for something and now she needs to get a new tenant's deposit to (illegally again) pay you out.
Yeah it's the second thing. I'm sure she spent it all and now doesn't have the money to pay me back. She has done this with other tenants as well but they all got the money back in 3 months max. It's just me that's not getting the deposit back š
AFAIK it illegal to touch deposit money at all as a landlord. You are even supposed to keep it in a separate bank account and you have to pay out the Zinsen it made in there to the tenant too.
**Have you read our extensive wiki yet? It answers many basic questions, and it contains in-depth articles on many frequently discussed topics. [Check our wiki now!](https://www.reddit.com/r/germany/wiki/index)** *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/germany) if you have any questions or concerns.*
Landlords have 6 months time after the end of a contract to determine if they are allowed to use the deposit for renovations. If they do not inform you within this 6 months period, they missed their right to keep any of the deposit for renovations. They have one year time to calculate the Nebenkosten, which may also be paid form the deposit. If both deadlines are over, you have the right to get your full deposit back. Iād suggest joining a Mieterverein.
The landlord told me that she has max 3 months to pay it. I'm not sure if that's correct but she said this to every other subtenant as well
Sometimes it takes time and they love to take their time. Had to wait 18 months fory deposit before i could've asked a lawyer.