Losing your Kaution: the costliest handover mistakes (2026)
Losing your Kaution: the costliest handover mistakes
Usually not through damage, but through missing evidence from move-in day.
The law is on your side: you are not liable for normal wear and tear (§ 538 BGB), and for genuine damage the landlord carries the burden of proof first. In practice the person with nothing in hand still loses.
§ 548 Abs. 1 BGBIn 60 seconds
The question in a dispute is never whether the mark is there, but whether it was there before, and only someone who documented the initial condition can answer it.
You are not liable for normal wear and tear (§ 538 BGB): worn tracks, darkened paint and a usual number of drill holes are covered by the rent.
For genuine damage you owe the current value, not the replacement cost. A "new for old" deduction applies.
The landlord's claims for deterioration become time-barred six months after the flat is returned (§ 548 Abs. 1 BGB), not from the end of the contract, and not from discovery.
A record signed by both sides is a private document (§ 416 ZPO). Arguing against your own signature is hard.
What the law says
The landlord's claims for alterations or deterioration of the property become time-barred in six months. The period starts when the property is returned to them, not at the end of the contract, and not on discovery of the damage. For repayment of the deposit itself the law names no deadline; the review period of three to six months comes from case law.
A worked example
A carpet is challenged at move-out. An economic life of ten years is applied.
From year ten the item is written off. At that point the landlord is owed nothing at all. So ask of every line item first: how old was it?
Billed often, but normal wear and tear
You are not liable for any of these (§ 538 BGB):
| Often billed | But it is normal wear and tear |
|---|---|
| "Carpet worn out" | Tracks after years of use |
| "Walls yellowed" | Paint darkened over time |
| "Holes in the walls" | A usual number of drill holes |
| "Renew the sealant" | Worn silicone joints |
| "Parquet dull" | Matted sealing |
Before you repaint at move-out, check the clause: Schönheitsreparaturen. For when the deposit falls due and how to demand it, see Reclaiming your Kaution.
What it means for each side
- Document the condition at move-in, not at move-out.
- Sign nothing unread: enter your reservation in the record rather than refusing to sign.
- Check the Schönheitsreparaturen clause before you repaint.
- Ask the age and current value of every item, and check the six-month period.
- Name every item concretely, room by room, not as "condition: fine".
- Do not bill normal wear and tear as damage.
- Apply the "new for old" deduction and state the item's age.
- Raise damage claims within six months of the flat being returned.
Common mistakes
The most expensive mistake of all. Without a documented initial condition you cannot show at move-out which marks the previous tenant left. Cost: often the whole deposit. Cost of avoiding it: 20 to 30 minutes on move-in day.
"Condition: fine" is close to worthless in a dispute. A record earns its value through concrete entries per room, not "wall damaged" but "living room, left wall, crack approx. 20 cm above the socket", with a close-up.
There is no duty to sign on the spot. If you do not accept an item, do not refuse to sign. Enter the reservation ("item 4 is disputed by the tenant") and then sign. The record survives as evidence and your objection is part of it.
If the Schönheitsreparaturen clause is invalid, rigid deadline schedules, or an unrenovated flat handed over without adequate compensation, the work was for nothing. Voluntary work is not refunded.
A substantial share of typical deposit statements covers items you are not liable for at all (§ 538 BGB).
What is owed is the current value. Once the economic life is exceeded, the item is written off.
If the landlord comes forward more than six months after the flat was returned, you can plead the limitation period (§ 548 Abs. 1 BGB).
Pictures the landlord first sees in a dispute get disputed there. Send them the same set on handover day. And do not rely on the file's capture date: it can be changed and proves nothing about when.
What to do next
Move-in: document the condition in full, fill the record concretely, both sides sign. Do it with BildProof, about two minutes a room →
The same day: send the photos to the landlord and keep a copy of the record.
During the tenancy: report defects in writing without delay (§ 536c BGB).
Before moving out: check the tenancy agreement for Schönheitsreparaturen.
Move-out: document again, sign nothing unread, enter your reservations.
Afterwards: check the statement line by line, wear, current value, limitation.
Frequently asked questions
What is the most common reason tenants lose their deposit?
Not damage, but an evidence gap. Without a documented move-in condition there is no way to show at move-out which marks were already there before you. Legally the landlord carries the burden of proof for damage, but in practice whoever can evidence the condition prevails, and without a move-in record and photos, that is rarely the tenant.
May the landlord deduct normal wear from the Kaution?
No. Changes and deterioration caused by contractual use are not the tenant's responsibility (§ 538 BGB); they are covered by the rent. That includes worn tracks, yellowed wall paint, the usual drill holes and worn silicone joints. Object to such items in writing and ask for an itemised breakdown.
Do I have to redecorate when I move out?
Only if the tenancy agreement contains a valid Schönheitsreparaturen (cosmetic repairs) clause. Many such clauses are invalid, for instance where they impose rigid deadlines, or where the flat was handed over unrenovated without adequate compensation being agreed. Check the clause before you paint: work done voluntarily will not be reimbursed.
What happens if I sign the move-out record unread?
You are confirming the findings recorded in it. A record signed by both sides is a Privaturkunde (private document, § 416 ZPO), and arguing against your own signature is hard. Sign nothing you have not checked, or note your reservation in the record itself and sign alongside it.
How long can the landlord raise claims?
Claims for changes or deterioration of the rented property expire six months after the flat is returned (§ 548(1) BGB). After that you can raise the defence of limitation. For repayment of the deposit itself there is no fixed deadline in the law; case law grants the landlord a reasonable period to review, as a rule three to six months.
What can I do if the landlord simply does not repay the Kaution?
Ask for payment in writing with a specific deadline, and demand a comprehensible breakdown of every item withheld. If they hold firm, check each item for normal wear, current-value deduction and limitation. If that brings no agreement, the remaining routes are a tenants' association, legal expenses insurance, or court.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.