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:
Is it legal in Berlin to hold such a high amount (€500) for only two months of potential heating costs?
Since it's now April 2026, shouldn't they already have the data for 2025?
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!