Reclaiming your Kaution: when do you get it back? (2026)
Reclaiming your Kaution: when do you get it back?
After a review period of usually three to six months, as a lump sum, with interest.
Deductions are only allowed for unpaid rent, owed Nebenkosten or damage beyond normal wear and tear (§ 551 BGB). The Kaution had to be held in an interest-bearing account; the interest belongs to you.
§ 551 Abs. 3 BGBIn 60 seconds
Handing back the flat starts the review period. The Kaution is not yet due at key handover.
§ 551 BGB names no fixed deadline. Case law grants the landlord a reasonable review period, usually three to six months.
After that the Kaution must be paid out as a lump sum with interest, less only legitimate claims.
If the Betriebskostenabrechnung is still pending, the landlord may retain a reasonable portion for longer. The undisputed rest must be paid before that.
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
The law names no repayment deadline. § 551 Abs. 3 BGB governs how the deposit is held: separately from the landlord's own assets and bearing interest, customarily at the rate for savings deposits with three months' notice, with the interest belonging to the tenant. The review period of usually three to six months comes from case law, not from the law itself.
A worked example
The flat is handed back on 31 March 2026 and the Betriebskostenabrechnung is still pending.
The span is where the argument sits: three months is enough when nothing is outstanding. Six is only reasonable while a statement is pending, and then only for the part affected by it.
What may the landlord deduct?
A deduction is only allowed where the landlord has a concrete, legitimate claim against you.
| Legitimate deduction | Not a legitimate deduction |
|---|---|
| Unpaid, outstanding rent | Normale Abnutzung (worn carpets, small drill holes) |
| Owed Nebenkosten / back-payment from the statement | Walls yellowed through contractual use |
| Damage beyond normale Abnutzung | Flat-rate renovation charges with no legal basis |
| Schönheitsreparaturen genuinely owed and due | Schönheitsreparaturen agreed under an invalid clause |
If the annual Betriebskostenabrechnung is still pending, the landlord may retain a reasonable portion until it is settled, but only up to the back-payment they realistically expect. The clearly undisputed part must be paid out before that.
Nothing may be deducted for normal wear and tear: traces of contractual use are covered by the rent.
The free Kaution deadline calculator turns your move-out date into the end of the review period and the limitation date. For what the deposit was allowed to be in the first place, see How much Kaution is allowed?; for when a deduction is defensible from the landlord's side, see Withholding or returning the Kaution.
What it means for each side
- Let the review period run before insisting on payment.
- Demand it in writing with a concrete deadline. A verbal request is not enough.
- Claim the interest expressly; it forms part of the Kaution.
- Have every deduction itemised and proven; you need not accept flat-rate claims.
- Pay out the undisputed part even while a statement is pending.
- Retain only the back-payment you realistically expect, not the whole sum.
- Justify every deduction individually and with evidence.
- Settle the interest along with it: it belongs to the tenant.
Common mistakes
Before the review period passes and a pending statement is settled, the full claim is not yet due.
You only have to accept concretely proven claims, not "renovation, lump sum".
Interest accrued over the tenancy is often overlooked, but it belongs to you.
Only a written demand with a deadline creates the basis for legal steps.
What to do next
Count the review period from the day the flat was handed back: the Kaution deadline calculator gives you the date.
Once it passes, demand repayment in writing with a concrete deadline (say 14 days), your bank details and a reference to § 551 BGB.
Expressly claim the accrued interest as well.
If the landlord still does not pay, enforce the claim. It is not time-barred until three years after the end of the year it fell due.
Frequently asked questions
How long can the landlord keep the Kaution after I move out?
§ 551 BGB names no fixed deadline in the law. Case law grants the landlord a reasonable Prüffrist (review period), usually 3 to 6 months. During this time they check whether any claims from the tenancy are still open. After that, the Kaution falls due.
Can the landlord hold back part of it because of the Nebenkostenabrechnung?
Yes. If the annual Betriebskostenabrechnung (operating-cost statement) is still pending, the landlord may retain a reasonable portion of the Kaution until it is issued, but only up to a realistically expected back-payment, not the whole sum. The clearly undisputed remainder must be paid out beforehand.
Do I get interest on my Kaution?
Yes. Under § 551 Abs. 3 BGB the Kaution must be held separately from the landlord's assets and earn interest, customarily at the rate for savings deposits with three months' notice. The interest increases your Kaution and is paid out with it, even if the landlord failed to invest it properly.
What can I do if the landlord does not return the Kaution?
Demand repayment in writing with a concrete deadline (for example 14 days). If they do not respond, you can enforce the claim in court. The repayment claim becomes time-barred under §§ 195, 199 BGB after three years, counted from the end of the year in which it fell due.
Can the landlord deduct for normal wear and tear?
No. Traces of contractual use, worn carpets, small drill holes, yellowed walls, count as normale Abnutzung and are already covered by the rent. Deductions are only allowed for genuine damage that goes beyond this.
When must the Kaution be repaid?
There is no fixed deadline in the law. Case law grants the landlord a reasonable review period (Prüffrist) of usually 3 to 6 months after you move out and hand back the flat. After that the Kaution falls due and must be paid out as a lump sum with interest, minus only legitimate claims.
Do I get the Kaution back at the key handover?
No. Repayment does not fall due on the day of the key handover. Handing back the flat only starts the review period (usually 3 to 6 months), during which the landlord may check for open claims. Only after that must they pay out the Kaution.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.