The Deposit Refund Form (Mietkautionsrückzahlungsformular) is a crucial document used at the conclusion of rental agreements in Germany. It is specifically designed to comply with German tenancy law requirements, particularly the provisions of the German Civil Code (BGB) regarding security deposits. This document should be used when a rental agreement is terminated and the security deposit needs to be returned to the tenant. The form includes essential information such as original deposit amount, inspection results, any deductions with justifications, and final return amount. It serves as official documentation of the deposit return process and helps protect both landlord and tenant interests by ensuring transparency and legal compliance. The form is particularly important given German law's strict requirements regarding deposit handling and the landlord's obligation to provide detailed accounting of any deductions.
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1. Header Information: Document title, date, and reference numbers
2. Party Details: Full names and addresses of both landlord/property manager and tenant
3. Property Information: Address and description of the rental property
4. Original Deposit Details: Amount of original deposit, date paid, and reference numbers
5. Property Inspection Results: Date of inspection and summary of findings
6. Deposit Calculation: Breakdown of deposit return calculation, including any deductions
7. Payment Instructions: Bank details and method for deposit return
8. Declarations: Legal statements confirming mutual agreement on the deposit return
9. Signatures: Space for both parties to sign and date the form
1. Dispute Resolution: To be included if there are any contested deductions or disagreements
2. Third Party Authorization: Include when someone other than the original tenant is authorized to receive the deposit
3. Multiple Tenant Declaration: Required when the deposit needs to be split between multiple tenants
4. Property Sale Notice: Include when property ownership has changed during the tenancy
1. Schedule A - Inspection Report: Detailed property inspection findings with photos if applicable
2. Schedule B - Deduction Details: Itemized list of any deductions with supporting documentation
3. Schedule C - Original Deposit Receipt: Copy of the original deposit payment documentation
4. Schedule D - Handover Protocol: Final property handover documentation (Übergabeprotokoll)
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