Reclaiming your Kaution: when and how you get it back
How long the landlord can keep your Kaution (deposit), what they can take out of it, and how to ask for it back.
You usually get your Kaution back three to six months after you return the flat, with interest. Once that review period is over, ask for the money in writing and give the landlord about 14 days to pay.
What to know about getting your Kaution back
The law sets no fixed deadline. Here is what to expect and what to do.
- 1
The landlord gets time to check
The landlord usually has three to six months to check whether they have any claims. This review period starts on the day you return the flat.
- 2
What the landlord can deduct
Only unpaid rent, Nebenkosten you still owe and damage beyond normal wear.
- 3
If the Nebenkosten statement is not done yet
The landlord can hold back part of the Kaution until the yearly Nebenkosten statement (Betriebskostenabrechnung) is done. The rest must be paid out first.
- 4
The interest is yours
The Kaution earns interest while the landlord holds it. That interest belongs to you.
- 5
Ask in writing
When the review period is over, ask for the Kaution back in writing and set a deadline of about 14 days.
- 6
Do not wait too long
Your claim to get the Kaution back expires after three years.
Why this matters
Under § 551 Abs. 3 BGB, the landlord must keep your Kaution separate from their own money and invest it so that it earns interest. The interest belongs to you. The law sets no deadline for paying the Kaution back. The usual three to six months come from court rulings.
General information, not legal advice.
Frequently asked questions
How long can the landlord keep the Kaution after I move out?
Usually 3 to 6 months, so the landlord can check whether they have any claims. This review period comes from court rulings, because § 551 BGB sets no deadline.
What can I do if the landlord does not pay the Kaution back?
Ask for it in writing and set a fixed deadline of about 14 days. If the landlord still does not pay, you can take the claim to court.
What can the landlord deduct from the Kaution?
Only unpaid rent, Nebenkosten you still owe and damage beyond normal wear. If the yearly Nebenkosten statement is not done yet, the landlord can hold back part of the Kaution for longer, but must pay out the rest first.
Also in this topic: Kautionsbürgschaft: what tenants need to knowInterest on the Kaution: what tenants get and how to check itObjecting to a Kaution settlement: model letterNew-for-old deduction: what tenants really pay for damageAll guides: Deposit
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