Getting your Kaution back from the Hauptmieter (2026)
Getting your Kaution back from the Hauptmieter
From the Hauptmieter personally, after the same review period as anywhere else, and § 551 BGB applies in full.
A sublet room is residential tenancy too: the Kaution (security deposit) may not exceed three months' net cold rent of the sublet, and must be held separately from the Hauptmieter's own assets and bear interest (§ 551 BGB). Your claim runs against them, not against the owner.
§ 551 Abs. 1 und 3 BGBIn 60 seconds
§ 551 BGB applies to a sublet room as well: the deposit is capped at three months' net cold rent, measured against your sublet rent and not the rent for the whole flat.
The Hauptmieter must hold your deposit separately from their own assets and pay interest on it (§ 551 Abs. 3 BGB). In practice this almost never happens, but the obligation stands.
There is no statutory repayment deadline. Case law grants a reasonable review period, usually three to six months from the return of the room.
Your claim runs against the Hauptmieter personally. If they move out themselves or cannot pay, they remain your only debtor: the owner owes you nothing.
The claim becomes time-barred three years after the end of the year in which it fell due (§§ 195, 199 BGB).
What the law says
A rent security may not exceed three times the monthly rent excluding operating costs, and must be invested separately from the landlord's assets at a standard rate of interest; the interest belongs to the tenant. In a sub-tenancy the Hauptmieter takes the landlord's role, so all three duties fall on them.
Deposit with a landlord and with a Hauptmieter
| Question | Ordinary tenancy | Sublet room in a WG |
|---|---|---|
| Who owes repayment | the landlord, usually a managing agent | the Hauptmieter, as a private individual |
| Where the money sits | in a separate deposit account | usually in their current account, though § 551 Abs. 3 BGB requires otherwise |
| If they become insolvent | the deposit is insolvency-proof | you are one creditor among others |
What repayment actually turns on
Whether anything comes back, and how much, is decided by the condition at return, and in a WG that is rarely recorded. There is no managing agent bringing a form, and often not even a written sublease. What is left is the recollection of two people who frequently never see each other again after the move-out.
You are not liable for normale Abnutzung (normal wear and tear, § 538 BGB). To show that, though, you need a starting condition to compare the end state against.
Capture exactly that before handing over the keys with BildProof: scan every room, sealed, €9.99 per property.
What the record for a single room looks like: WG room: getting the Übergabeprotokoll right. The Kaution deadline calculator turns your move-out date into the end of the review period and the limitation date.
Common mistakes
You would later have to prove you paid at all, and that rarely succeeds.
They are not a party to your sub-tenancy and owe you nothing.
Once the Hauptmieter leaves the city, a simple claim turns into a search for an address.
What to do next
Evidence the payment: a transfer with a reference, or a signed receipt.
Count the review period from the day the room was returned; the Kaution deadline calculator gives you the date.
After it expires, demand repayment in writing: a concrete deadline, your bank details, interest, and a reference to § 551 BGB.
If the Hauptmieter is moving out too, note their new address first.
Frequently asked questions
Does § 551 BGB apply to a deposit in a sublet?
Yes. Subletting a room for residential use is residential tenancy, and the Hauptmieter is the landlord in it. So the ceiling of three months' net cold rent, the duty to hold the money separately and the interest all apply. The ceiling is measured against your sublet rent, not against the rent for the whole flat.
What if the Hauptmieter moves out or does not pay?
Your claim still runs against them personally; the owner owes you nothing. So note their new address before they leave, and demand the deposit in writing as soon as the review period has passed. If they do not pay, you can pursue the claim in court; it becomes time-barred after three years (§§ 195, 199 BGB).
How much deposit may be charged for a room in a shared flat?
At most three months' net cold rent for the room as agreed in the sublet, excluding operating costs (§ 551 Abs. 1 BGB). What the Hauptmieter deposited with the owner is irrelevant. A higher demand is invalid as to the excess, and you can reclaim that part.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.