u/corvalay

Landlord withholding €500 from deposit for just 2 months of heating (Jan-Feb 2025). Is this legal?

Hi everyone,

I moved out of my apartment in Berlin at the end of February 2025. The move-out protocol was perfect—no damages, and the landlord confirmed I’d get my full deposit back.

However, they withheld €500, claiming it’s a "safety buffer" for potential heating cost increases for January and February 2025. They are now telling me I have to wait until late 2026 (when the 2025 Nebenkostenabrechnung is finalized) to get it back.

I find this completely disproportionate. My monthly utility advance was much lower, and withholding €500 for only 2 months of occupancy seems like an interest-free loan at my expense, especially with inflation. I never consented to such a high amount being held for nearly two years.

My questions:

  1. Is it legal in Berlin to hold such a high amount (€500) for only two months of potential heating costs?

  2. Since it's now April 2026, shouldn't they already have the data for 2025?

  3. What is the best way to pressure them? Should I go straight to the Berliner Mieterverein or issue a Gerichtlicher Mahnbescheid?

Thanks for any advice!

reddit.com
u/corvalay — 12 hours ago

Landlord withholding €500 from deposit for just 2 months of heating (Jan-Feb 2025). Is this legal?

Hi everyone,

I moved out of my apartment in Berlin at the end of February 2025. The move-out protocol was perfect—no damages, and the landlord confirmed I’d get my full deposit back.

However, they withheld €500, claiming it’s a "safety buffer" for potential heating cost increases for January and February 2025. They are now telling me I have to wait until late 2026 (when the 2025 Nebenkostenabrechnung is finalized) to get it back.

I find this completely disproportionate. My monthly utility advance was much lower, and withholding €500 for only 2 months of occupancy seems like an interest-free loan at my expense, especially with inflation. I never consented to such a high amount being held for nearly two years.

My questions:

  1. Is it legal in Berlin to hold such a high amount (€500) for only two months of potential heating costs?

  2. Since it's now April 2026, shouldn't they already have the data for 2025?

  3. What is the best way to pressure them? Should I go straight to the Berliner Mieterverein or issue a Gerichtlicher Mahnbescheid?

Thanks for any advice!

reddit.com
u/corvalay — 12 hours ago