Keeping the Kaution: which deductions are valid
What you have to prove before you deduct anything from the Kaution (deposit), and how to settle it properly.
You can only keep back what you can prove: the damage, that it happened during the tenancy, and what it costs. Settle the Kaution item by item and pay out the undisputed part with interest.
What you need before you deduct from the Kaution
Every deduction needs a specific claim and proof. Normal wear is already covered by the rent.
- 1
A specific claim
The claim must be unpaid rent, damage beyond normal wear, or Nebenkosten (service charges) you expect the tenant to still owe.
- 2
Proof of the condition at move-in
You need a written record or photos that show what the spot looked like at move-in.
- 3
The damage at move-out
Write each finding into the Übergabeprotokoll (handover record) with the room, the exact spot and a photo.
- 4
Proof of the cost
Get a quote or an invoice. Charge the current value, not the price of a new item.
- 5
Watch the six-month deadline
Your claims for damage expire six months after the tenant returns the flat.
- 6
A written statement
List each item separately in a written statement, and pay out the rest with interest.
Why this matters
Under § 551 BGB, the Kaution is a security that you keep separate from your own money and that earns interest. The interest belongs to the tenant. Under § 548 BGB, your claims for damage expire six months after the tenant returns the flat. That is why you should settle quickly and with proof.
General information, not legal advice.
Frequently asked questions
What can I deduct from the Kaution?
You can deduct only three things from the Kaution: unpaid rent, damage the tenant caused beyond normal wear, and unpaid Nebenkosten. You cannot deduct anything for normal wear.
Are move-out photos enough to prove a deduction?
No, move-out photos are not enough on their own. You also have to show that the damage happened during the tenancy, which means showing what the spot looked like at move-in. For the amount, you need a quote or an invoice.
How long can a landlord keep the Kaution?
A landlord can usually keep the Kaution for three to six months after the tenant returns the flat. The law sets no fixed deadline (§ 551 BGB). Pay out the undisputed part within that time.
Also in this topic: Kaution settlement: a template for landlordsEigenbedarfskündigung: how to justify itLandlord termination of a tenancy in Germany (2026, § 573 BGB)Tenant has died: lease, heirs and handover
Is your tenant moving out soon?
Walk through every room when the tenant returns the flat and record each finding. BildProof guides you through the flat and creates a structured condition report you can compare with move-in.
Create your proof