Kaution from the Hauptmieter: how to get it back
Who pays back your Kaution (deposit) for a room in a WG (shared flat), when they pay, and what to prepare.
If you rent a room as a subtenant, the Hauptmieter (main tenant) pays your Kaution back, usually three to six months after you return the room. Once that review period is over, ask for it in writing, set a deadline and give your bank details.
What to know and what to prepare
As a subtenant, you deal with the Hauptmieter, not the owner. These points help you when you move out.
- 1
The Hauptmieter owes you the Kaution
Your claim is against the Hauptmieter personally, not against the owner.
- 2
The most you can be charged
The Kaution can be at most three months' rent for your sublet, not counting service charges (net cold rent).
- 3
Kept separate, with interest
The Hauptmieter must keep your Kaution separate from their own money and invest it so that it earns interest.
- 4
Keep your proof of payment
Keep the document that shows you paid the Kaution.
- 5
Record the condition
Photograph your room and the shared rooms, including every mark and any damage.
- 6
Ask in writing
Once the review period is over, ask for the Kaution back in writing. Set a deadline and give your bank details.
Why this matters
Under § 551 BGB, a Kaution can be at most three months' cold rent. It must be kept separate and earn interest. In a sublet, these duties fall on the Hauptmieter, because the Hauptmieter takes the landlord's role.
General information, not legal advice.
Frequently asked questions
When does the Hauptmieter have to pay the Kaution back?
The law sets no deadline for paying the Kaution back. The Hauptmieter usually pays three to six months after you return the room, which is the review period courts allow.
What if the Hauptmieter moves out or does not pay?
Your claim is still against the Hauptmieter personally, not the owner. If the Hauptmieter does not pay, you can go to court. The claim expires after three years (§§ 195, 199 BGB).
How much Kaution can be charged for a room in a WG?
The Kaution for a WG room can be at most three months' net cold rent of your sublet (§ 551 Abs. 1 BGB). If the Hauptmieter asks for more, you can claim back the amount above that cap.
Also in this topic: Mietkaution: how much is allowed?How to protect your Kaution and get all of it backGetting your Kaution back after leaving GermanyReclaiming your Kaution: when do you get it back?All guides: Deposit
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