Kautionsbürgschaft: costs, claims and your rights
What a Kautionsbürgschaft (rent deposit guarantee) costs, when the provider claims money back from you and how to push back.
With a Kautionsbürgschaft you pay a fee every year, and the provider claims back from you whatever it pays your landlord. Record the flat's condition when you move in, and object in writing straight away if the provider announces a claim.
What to know before you sign up
A guarantee replaces the cash Kaution (deposit). It does not settle what condition the flat was in when you took it over.
- 1
The landlord has to agree
The landlord does not have to accept a Kautionsbürgschaft. It only replaces the cash Kaution if the landlord agrees.
- 2
You pay a fee every year
The fee is usually 4 to 5 % of the deposit amount per year. It is not refunded.
- 3
The provider claims its money back
If the provider pays the landlord, it then claims that money back from you.
- 4
Your objections still count
Anything you can raise against the landlord, you can also raise against the provider.
- 5
Proof from move-in day helps
Proof of the flat's condition when you moved in helps you against unjustified claims.
- 6
When the fee ends
The fee ends when the landlord has returned the Bürgschaftsurkunde (guarantee certificate) and you hand it in to the provider.
Why this matters
Under § 768 BGB, the provider (the guarantor) can rely on your objections against the landlord. Under § 774 BGB, you can raise against the provider everything you could have raised against the landlord. So proof of the flat's condition at move-in helps you with both.
General information, not legal advice.
Frequently asked questions
Do I have to pay if the Kautionsbürgschaft provider has paid my landlord?
Yes, you have to pay the provider back as far as the landlord's claim was justified. If the claim was not justified, you can raise the same objections against the provider as against the landlord.
When does the fee for a Kautionsbürgschaft stop?
The fee stops when the landlord returns the Bürgschaftsurkunde and you hand it in to the provider. Fees you have already paid are not refunded.
Does the landlord have to accept a Kautionsbürgschaft?
No, the landlord does not have to accept a Kautionsbürgschaft. It only replaces the cash Kaution if the landlord agrees.
Also in this topic: Interest 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 damageDrill holes at move-out: must you fill them?All guides: Deposit
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