Kaution withheld for the Nebenkosten: how much is allowed?
How much of your Kaution (deposit) the landlord can keep back until the yearly Nebenkosten (service charges) statement arrives, and when you get the rest.
The landlord can keep a reasonable part of your Kaution if a Nebenkosten back-payment is expected. The yearly statement (Nebenkostenabrechnung) must arrive within twelve months of the end of the billing period. You get the rest, with interest, after the review period.
How to check the amount the landlord keeps back
These points quickly show you whether the amount is about right.
- 1
Is a back-payment likely?
Look at the statements from previous years. If you always got a refund, there is little reason for the landlord to keep anything back.
- 2
If you pay a flat rate
If you pay a fixed flat rate for Nebenkosten with no statement, you cannot owe a back-payment.
- 3
How much is reasonable
Compare the amount with your monthly prepayment. In practice, three to four monthly prepayments are often treated as a guideline.
- 4
Only a part, not everything
The landlord cannot hold back the rest of the Kaution for the Nebenkosten.
- 5
The deadline for the statement
The statement has to reach you no later than twelve months after the end of the billing period.
- 6
The interest is yours
The interest on the Kaution belongs to you, including the interest on the part kept back.
An example
The billing period runs from 1 January to 31 December, and you move out at the end of June.
| What | When or how much |
|---|---|
| Kaution | 1,800 € |
| Monthly Nebenkosten prepayment | 200 € |
| Amount often treated as reasonable to keep back | 600 € to 800 € |
| Rest, paid out after the review period | 1,000 € to 1,200 € plus interest |
| Latest date for the statement to arrive | 31 December of the following year |
Why this matters
The amount kept back for Nebenkosten is usually a small part of the Kaution. The bigger part depends on the flat's condition, and you show that condition with your own records from move-in and move-out.
General information, not legal advice.
Frequently asked questions
Can the landlord keep the whole Kaution until the Nebenkosten statement arrives?
No, the landlord cannot keep the whole Kaution. They can keep only a reasonable part that matches the expected back-payment, and must pay out the rest.
How long can the landlord keep money back for the Nebenkosten?
The landlord can keep the money until the statement arrives, and at most until twelve months after the end of the billing period (§ 556 Abs. 3 BGB). After that, the landlord usually has to pay out the part they kept.
What if I always got money back in previous years?
If you always got money back, a back-payment is hardly to be expected. Point this out to the landlord and ask them to pay out the part they kept.
Also in this topic: Getting your Kaution back from the HauptmieterMietkaution: how much is allowed?How to protect your Kaution and get all of it backGetting your Kaution back after leaving GermanyAll guides: Deposit
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