Mietkaution: how much the landlord can ask for
How much Kaution (deposit) your landlord can ask for, how you can pay it, and who gets the interest.
The Kaution can be at most three months' rent without Nebenkosten (service charges), and you can pay it in three monthly instalments. Multiply the Nettokaltmiete (rent without Nebenkosten) in your lease by three, and ask in writing for anything you overpaid.
What are the rules for the Kaution?
The rules are in § 551 BGB. These are the points to know before you pay.
- 1
The most a landlord can ask for
The Kaution can be at most three months' rent without Nebenkosten, known as three Nettokaltmieten.
- 2
Do the maths
Multiply the Nettokaltmiete in your lease by three.
- 3
You can pay in three instalments
You can pay in three equal monthly instalments. The first is due at the start of the tenancy.
- 4
Where the landlord keeps it
The landlord must keep the Kaution separate from their own money.
- 5
The interest is yours
The interest on the Kaution belongs to you, not to the landlord.
- 6
If you paid too much
You can ask in writing for anything above three Nettokaltmieten to be paid back.
Why this matters
Under § 551 BGB, the Kaution can be at most three months' rent without Nebenkosten. The landlord must keep it separate and invest it so that it earns interest. How much of it you get back depends on the flat's condition at move-out.
General information, not legal advice.
Frequently asked questions
Can I pay the Kaution in instalments?
Yes, you can pay the Kaution in three equal monthly instalments, the first at the start of the tenancy (§ 551 Abs. 2 BGB). A clause that asks for the full amount at once is void.
What if the landlord asks for more than three Nettokaltmieten?
If the landlord asks for more, the agreement is void for the part above the limit (§ 551 Abs. 1 and 4 BGB). You can ask the landlord to pay back anything you overpaid.
Who gets the interest on the Kaution?
The interest on the Kaution belongs to you, the tenant. The landlord must keep the Kaution separate from their own money and invest it so that it earns interest (§ 551 Abs. 3 BGB).
Also in this topic: Getting your Kaution back after leaving GermanyAll guides: Deposit
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