Kaution for a furnished flat: which furniture deductions are allowed
What the landlord can deduct from your Kaution (deposit) for furniture, and what you do not have to accept.
In a furnished flat, you pay nothing for normal wear on the furniture, and only the item's current value for real damage. The landlord has to prove that an item was intact when you moved in.
How to check a deduction for furniture
Ask these questions about every deduction. If a deduction fails one of them, you do not have to accept it.
- 1
Is the item on the list?
Check the Inventarliste (inventory list). An item that was not let with the flat cannot be missing.
- 2
Was it intact at move-in?
The landlord has to show that the item was intact when you moved in. That is the landlord's job, not yours.
- 3
Is it wear or damage?
Signs of normal use are included in the rent. You only pay for real damage.
- 4
Is the amount the current value?
You pay what the item was still worth, not the price of a new one. The amount depends on the item's age and price.
- 5
Is there evidence?
Every deduction needs photos, an invoice or a quote.
- 6
Is the claim in time?
The landlord's claims expire six months after you return the flat. The landlord can still deduct them from the Kaution after that.
Why this matters
Under § 538 BGB, you do not pay for wear caused by using the flat as agreed, and that includes the furniture. In the end, comparing an item with its condition at move-in decides whether a deduction is justified.
General information, not legal advice.
Frequently asked questions
Can the landlord deduct the price of a new item for a damaged piece of furniture?
No, the landlord can only deduct the current value, meaning what the item was still worth before the damage.
What if the Inventarliste lists something that was never there?
If the Inventarliste lists something that was never there, object in writing. But if you signed the list when you moved in, it counts as evidence of what was there. So count carefully before you sign.
How long can the landlord hold on to the Kaution?
Courts usually allow the landlord three to six months. The landlord's compensation claims expire six months after you return the flat (§ 548 Abs. 1 BGB), but the landlord can still deduct them from the Kaution after that.
Also in this topic: Furnished flat in Germany: does the Mietpreisbremse apply?Kaution for a Zwischenmiete: amount, return, deductionsZwischenmiete: contract, permission and liabilityFinding a Zwischenmieter without landlord troubleAll guides: Furnished & short-term letting
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