The Deposit Release Form (Kautionsfreigabeerklärung) is a crucial document in German rental law that formalizes the return of a security deposit after a tenancy ends. It is used when a rental agreement has terminated and the property has been inspected for potential damages or outstanding payments. The document must comply with German Civil Code (BGB) requirements, particularly §551 regarding security deposits. It serves multiple purposes: documenting the agreed return amount, recording any deductions, protecting both parties' interests, and providing clear evidence of the deposit settlement. This form is essential for proper documentation and can help prevent future disputes about deposit returns, especially considering the German legal requirement that deposits must be returned within a reasonable period after tenancy ends, typically expected within 3-6 months of move-out.
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1. Header Information: Date, addressee details, and reference numbers including the original lease reference
2. Property Identification: Clear identification of the rental property address and relevant rental period
3. Deposit Confirmation: Statement of the original deposit amount and date it was paid
4. Inspection Results: Brief statement about the condition of the property upon final inspection
5. Release Amount: Clear statement of the amount to be released and any deductions made
6. Bank Details: Confirmation of the bank account details for the deposit return
7. Signatures: Space for both landlord and tenant signatures, with date fields
1. Deduction Details: Used when there are deductions from the deposit, itemizing each deduction with justification
2. Dispute Resolution: Include when there is a partial release or ongoing dispute about deductions
3. Third Party Authorization: Required when someone other than the original tenant is authorized to receive the deposit
4. Multiple Tenant Declaration: Used when multiple tenants are involved and confirmation of split of deposit is needed
1. Schedule A - Deduction Calculations: Detailed breakdown of any deductions including repair costs, unpaid rent, or utilities
2. Schedule B - Property Condition Report: Final inspection report with photos or documentation of property condition
3. Schedule C - Original Deposit Receipt: Copy of the original deposit payment confirmation
4. Appendix 1 - Bank Transfer Documentation: Proof of bank transfer or payment method for the deposit return
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