Frankfurt Deposit Still Not Back? The Mahnbescheid Goes to Hünfeld, the Lawsuit to Amtsgericht Frankfurt
If you live in Hessen, every Mahnbescheid application goes to one court for the whole state: Amtsgericht Hünfeld, the Zentrales Mahngericht Hessen, which charges at least 38 euros and only checks the paperwork. If your former landlord objects, a dispute over a Frankfurt flat belongs to the rental departments of Amtsgericht Frankfurt am Main, whatever the amount. The law sets no fixed day for returning a deposit, only a reasonable review period that the Federal Court of Justice says depends on the case and can exceed six months. Your claim expires after three years counted from the end of the year it became due, and a Mahnbescheid served on the landlord stops that clock.
One Court for All of Hessen, Another for the Dispute
When a deposit does not come back, the steps are federal law and the same in every city. What is local is the courts. A Mahnbescheid from a Frankfurt resident does not go to the courthouse in the city centre. According to the Hessen justice pages, Amtsgericht Hünfeld, in the Fulda court district, has been the central dunning court for all of Hessen since 1998 and handles applications from people who live or have their seat in Hessen. A contested rental dispute about a Frankfurt flat is then decided by Amtsgericht Frankfurt am Main.
| Stage | Court | What it does |
|---|---|---|
| Mahnbescheid and Vollstreckungsbescheid | Amtsgericht Hünfeld, Mahnabteilung (postal address 36084 Hünfeld, as printed on the application form) | Processes the application by machine and checks form, not the merits |
| Lawsuit after an objection, or a direct lawsuit | Amtsgericht Frankfurt am Main, rental departments | Decides whether the landlord owes the deposit |
| Free tenancy advice | Stadt Frankfurt, Mietrechtliche Beratung, Adickesallee 67-69 | Explains your position before you file, income limit applies |
Two details matter if your situation is not standard. If you have left Hessen, the dunning court of your new state is the competent one. For applicants without a German residence, the Hessen page names Amtsgericht Berlin-Wedding. And the rental court is fixed by where the flat is: under § 23 GVG the Amtsgericht is exclusively responsible for residential tenancy claims whatever the amount, so even a large deposit does not go to the Landgericht.
How Long Is “Too Long”?
The law gives no number. The Federal Court of Justice describes it this way in its judgment of 10 July 2024: after the tenancy ends, the landlord has a reasonable period to consider and settle the deposit, the length depends on the circumstances, and those can be such that more than six months is necessary for the landlord and acceptable to the tenant. Tenant guides usually say three to six months. Treat that as an orientation.
What this means in practice:
- Silence for one or two months is normal. Silence after half a year without any breakdown is a reason to act.
- An open Nebenkosten bill for the last period can justify a longer wait. It is a reason to give you a breakdown of what is outstanding, not a reason for silence, so ask for one in writing.
- The landlord has six months from getting the keys to bring damage claims (§ 548 BGB). The same paragraph gives you six months after the tenancy ends for your own claims for expenses or for removing fittings you installed. Mark that date if you installed shelves or a kitchen.
One more trap, from the same Federal Court of Justice case: a landlord can generally still offset time-barred damage claims against a cash deposit when settling it. The six-month rule does not make a late deduction impossible, it only matters if the landlord sues separately.
Step by Step
- Collect the evidence.Lease, deposit payment proof, handover protocols, photos, the date you returned the keys, your new address.
- Ask in writing.An email or letter asking for return or an itemised breakdown, with the bank details for payment.
- Send a registered demand.Dated, with a deadline of two weeks and a statement that you will use the Mahnverfahren or a lawsuit.
- Get advice if there is a dispute.The city's tenancy advice, a tenant association, or a lawyer.
- Apply for the Mahnbescheid.At Amtsgericht Hünfeld, through the Online-Mahnantrag portal.
- Wait for payment, objection, or silence.The landlord has two weeks from service.
- Next step.Vollstreckungsbescheid if nothing happens, transfer to the Frankfurt court if there is an objection.
The demand letter does not stop the limitation period, it only creates a record and a deadline. The decisive step is the Mahnbescheid.
Filing the Mahnbescheid
The Hessen justice page describes three ways to file: the interactive Online-Mahnantrag, submission by approved software, and the paper form. Many people use the free Online-Mahnantrag portal (online-mahnantrag.de) to fill in the data, then print the barcode application, sign it and post it to Hünfeld, as the Hessen justice pages describe. Paper applications must use the prescribed forms, so use the portal’s printout rather than a plain letter.
You state the claim as a fixed amount: the deposit still owed, plus interest and costs. If you are unsure about the interest, see our guide on interest on the deposit. You also name the court that should hear the case if the landlord objects. For a Frankfurt flat that is Amtsgericht Frankfurt am Main.
The court fee is half a fee with a minimum of 38 euros, which the court bills after issuing the Mahnbescheid. It arises when your application arrives, so withdrawing does not make it go away. The court does not check whether you are right. The Mahnbescheid itself says so, and it tells the landlord to pay or object within two weeks of service.
What Stops the Clock
The regular limitation period is three years. § 199 BGB starts it at the end of the year in which the claim arose. The deposit claim arises when the review period is over and the landlord has no justified claims left, so the exact date can be arguable. As an illustration: if the claim became due in March 2027, the period starts on 31 December 2027 and ends on 31 December 2030.
A reminder letter does not stop this clock. § 204 BGB lists the service of a Mahnbescheid and the filing of a lawsuit as events that suspend it. The suspension ends six months after the proceedings are finished, as the same paragraph states. If you may be near the end of a year, do not wait for a reply.
When the Landlord Objects
An objection ends the machine-handled Mahnverfahren. Either party can then ask for the case to be transferred to the court named in the application. According to the Hessen justice page, the further court costs become payable when the transfer is requested. After the transfer, the court asks you to justify your claim in a statement that looks like a complaint, with a deadline of two weeks under the Code of Civil Procedure.
For Frankfurt flats the rental cases are heard by Amtsgericht Frankfurt am Main. The court’s jurisdiction page says rental and WEG matters are handled exclusively in the inner-city district, not at the Höchst branch, which matters if your flat was in a western district. According to the court’s civil proceedings page, departments 32 and 33 for rental and WEG cases are in the branch at Hahnstraße 25, 60528 Frankfurt-Niederrad, entered only from Hahnstraße. Check the building on any summons.
At this stage your evidence decides. The protocols and photos from our guide on the move-in and move-out protocol are what judges look at. If the landlord claims damage, they have to show it exists and that you caused it.
Help in Frankfurt
The city’s Mietrechtliche Beratung at the Amt für Wohnungswesen, Adickesallee 67-69, 60322 Frankfurt, gives free advice on residential tenancy law if you live in Frankfurt, your household’s monthly net income is at most 2,150 euros plus 650 euros per further household member, and you are not already represented by a lawyer. The city page states that there are currently no open consultation hours, so you have to book an appointment by phone or email. Tenant associations and a lawyer are the alternatives. If you have legal expenses insurance, ask whether a deposit claim is covered before you hire anyone.
What to Do If It Goes Wrong
- Landlord pays only part. Accept a partial payment in writing as a payment on account, and continue for the rest.
- Landlord names damage you dispute. Answer the claim in writing, point to the protocol, and ask for invoices.
- Landlord does not reply to the Mahnbescheid and does not pay after the Vollstreckungsbescheid. Contact a Gerichtsvollzieher, as described in our guide on the bailiff’s visit.
- You do not have a German address any more. Check the competent dunning court before you file, and use an address where you can receive court mail.
Compliance Note
This guide describes the general legal framework and the Hessen and Frankfurt courts as presented on their official pages in October 2026. It is not legal advice. Court fees, the building of the rental department and procedures change, and every case turns on its facts. Confirm your deadline and next step with the Mietrechtliche Beratung, a tenant association or a lawyer before you file.
FAQ & Common Pitfalls
How long can my Frankfurt landlord wait before returning the deposit?
There is no fixed number of days in the law. The Federal Court of Justice says the landlord is entitled to a reasonable period after the tenancy ends to check for claims and settle the deposit, that the length depends on the circumstances of the case, and that they can be such that more than six months is necessary and reasonable for the tenant. Guides for tenants often use three to six months as a rule of thumb. It is a rule of thumb, not a statutory deadline. An open Nebenkosten bill for the last year can justify a longer wait, but the landlord should be able to explain what is outstanding.
My landlord says he can still deduct for damage after six months. Is that true?
Often yes. § 548 BGB gives the landlord six months from getting the flat back to bring damage claims, and after that they are time-barred. But the Federal Court of Justice ruled on 10 July 2024 that a landlord can generally still offset time-barred damage claims against a cash deposit when settling it. So the six months do not automatically protect you. What still protects you is the burden on the landlord to prove that the damage exists and that you caused it, and a move-in and move-out protocol.
Which court gets my Mahnbescheid application if I live in Frankfurt?
Amtsgericht Hünfeld. The Hessen justice pages state that Hünfeld is the central dunning court for all of Hessen and in principle handles applications from people who live or have their seat in Hessen. If you have moved to another German state before filing, the dunning court there is the one that matters, and for applicants without a German place of residence the Hessen page names Amtsgericht Berlin-Wedding. If you are unsure, contact the court before you file; its contact details are on the Amtsgericht Hünfeld page of the Hessen justice portal.
What does a Mahnbescheid cost?
The court fee is half a fee under the court costs act, with a minimum of 38 euros, according to the Hessen justice page. The court asks for it after issuing the Mahnbescheid, and it arises as soon as the application arrives, so withdrawing the application does not avoid it. If the landlord objects, the further court costs are announced and are payable only if you ask for the case to be transferred to the court that decides. Ask the Mieterverein or a lawyer how large that second payment would be for your amount before you decide.
Do I need a lawyer for the Mahnbescheid or for the lawsuit?
Not for the Mahnbescheid. The Hessen justice page offers the free Online-Mahnantrag portal, a printed barcode application you sign and post, and electronic submission. For the lawsuit, a rental dispute about a residential flat is always heard at the Amtsgericht, and § 78 ZPO requires a lawyer only before the Landgerichte and higher courts. A lawyer can still be worth it for a large or disputed amount. Legal expenses insurance may cover it, and low-income tenants can apply for Beratungshilfe at the Amtsgericht.
What happens if the landlord ignores the Mahnbescheid?
The Mahnbescheid tells the landlord to pay or object within two weeks of service. If neither happens, you can apply for a Vollstreckungsbescheid. It cannot be requested before the objection period has run out, and under § 701 ZPO the Mahnbescheid loses its effect if you do not apply within six months of its service. The landlord can still object to the Vollstreckungsbescheid with an Einspruch. If it stands, a Gerichtsvollzieher can enforce it.
Where in Frankfurt is the rental court, and can I get free advice first?
The court's page on civil proceedings lists the rental and WEG departments (departments 32 and 33) in the Niederrad branch, Hahnstraße 25, 60528 Frankfurt. They sit in the connected building Goldsteinstraße 145, and the entrance is only via Hahnstraße 25. Check the building on any summons you receive. For advice, the city's Mietrechtliche Beratung at Adickesallee 67-69 is free for Frankfurt residents whose monthly household net income is at most 2,150 euros plus 650 euros per further household member, and not for people who already have a lawyer. Book by phone or email, there are no drop-in hours.
I moved out of Frankfurt years ago and never chased the deposit. Is it too late?
Perhaps not. The regular limitation period is three years and starts at the end of the year in which the claim arose and you knew the facts. If the review period ended in March 2027, for example, the three years would start on 31 December 2027 and run to 31 December 2030. When exactly the claim became due can be disputed, so do not plan around the last day. Send the demand now, and apply for the Mahnbescheid well before the end of any year that might be your last one.