How to protect your Kaution and get all of it back
What to do from move-in to refund, so the landlord does not deduct for anything that is not yours.
Record the flat room by room at move-in and at move-out. Report damage in writing, check the repainting clause, and read the handover record before you sign.
How to protect your Kaution, step by step
Protecting your Kaution does not start on moving-out day. It starts on your first day in the flat.
- 1
Before move-in: download the BildProof app
BildProof helps you scan your whole flat in a few minutes, room by room. That way you do not miss a corner, and you have a full record to protect your Kaution.
- 2
At move-in: record every room
Walls, floors, windows, bathroom and kitchen, including what is fine. A scratch you can date to move-in day is not your scratch.
- 3
At move-in: findings into the record
Anything you notice goes into the Einzugsprotokoll (move-in record), with the room and the exact spot. Keep a copy.
- 4
During the tenancy: report damage in writing
Report damage straight away and in writing (§ 536c BGB). Then it will not be blamed on you at move-out.
- 5
Before move-out: do not repaint automatically
First check the Schönheitsreparaturen (cosmetic repairs) clause. Many are void, and then you owe no repainting.
- 6
At move-out: scan again with the BildProof app
Open the BildProof app again before the walk-through and scan the flat room by room. The app compares it with your move-in scan, so you see what changed and what did not.
- 7
At the handover: read the record
Sign only what is correct, and write any disagreement right next to the item. What both sides sign binds both sides.
- 8
After move-out: keep your evidence
Keep your photos and records until the Kaution is fully back, even if that takes longer than six months.
The rules for deductions from the Kaution
What the landlord can and cannot deduct is set by law and by rulings of the Bundesgerichtshof (Federal Court of Justice).
| Rule | What it means for you |
|---|---|
| The rent already pays for normal wear (§ 538 BGB). | Nothing can be deducted for marks from normal living. |
| The landlord has to prove the damage (BGH, XII ZR 71/01). | They have to show the damage happened during your tenancy. |
| A void repainting clause obliges you to nothing (BGH, VIII ZR 185/14). | But if you moved into an unrenovated flat, you have to be able to prove that yourself. |
| Damage claims expire six months after the return (§ 548 BGB). | With a cash Kaution, the landlord can still offset expired claims (BGH, VIII ZR 184/23). |
| A reasonable part can be held back for open Nebenkosten (BGH, VIII ZR 71/05). | Not the whole Kaution, and only if a back payment is actually expected. |
| A signed handover record binds both sides. | Anything missing from it is hard for the landlord to claim later. |
Why this matters
In court, landlords often lose because they cannot prove the damage. Tenants lose when they cannot show what the flat looked like at move-in. If you have recorded both, there is little left to argue about.
General information, not legal advice.
Frequently asked questions
What is the best way to protect my Kaution?
Record the flat room by room at move-in and at move-out, report damage in writing during the tenancy, and read the Übergabeprotokoll (handover record) before you sign. Then you can show what was already there and what was not.
Can the landlord deduct normal wear from the Kaution?
No, the landlord cannot deduct normal wear. The rent already pays for normal wear from ordinary use (§ 538 BGB). The landlord can only deduct for damage that goes beyond it.
Do I have to repaint before I move out?
You do not automatically have to repaint. It depends on the Schönheitsreparaturen (cosmetic repairs) clause in your lease, and many of these clauses are void. Check the clause before you spend time and money on paint.
Also in this topic: Getting your Kaution back after leaving GermanyKautionsbürgschaft: what tenants need to knowInterest on the Kaution: what tenants get and how to check itAll guides: Deposit
Protect your Kaution from day one.
The BildProof app scans your whole flat in a few minutes, room by room. At move-out, BildProof compares against your move-in record. €9.99 for one handover, €14.99 for move-in and move-out together.
Protect your Kaution