Kaution in a student WG: who pays in, who gets it back?
What students and their parents need to know about the Kaution (deposit) in a WG (shared flat), from paying it to getting your share back.
The Kaution is capped at three months' rent for the whole flat and belongs to the tenants on the lease. When you move out, your share comes from whoever takes over your room or from the WG. Record your room so the share is settled fairly.
Who pays the Kaution and who pays it back
Who pays and who pays back depends on how your WG's lease is set up. Here are the three most common setups, and three situations that often come up.
- 1
If everyone is on one lease
There is one Kaution for the whole flat, and everyone is liable together.
- 2
If you rent from a Hauptmieter
You pay your Kaution to the Hauptmieter (main tenant), and the Hauptmieter pays it back to you.
- 3
If every room has its own lease
Then every room also has its own Kaution, which the landlord holds.
- 4
If your parents pay
Put in writing that the payment is your share of the Kaution, with the amount and the date.
- 5
If your parents give a guarantee
A guarantee the landlord demands counts towards the limit. Kaution and guarantee together cannot be more than three months' rent.
- 6
When a flatmate moves out
The flatmate gets their share from the person who takes over the room or from the WG. The landlord only pays the Kaution out at the end of the tenancy.
Why this matters
With a joint lease, the landlord only pays the Kaution out at the end of the tenancy, and every tenant is liable for damage (§ 421 BGB). You get a fair share back if there is a record of how your room looked when you moved in and when you moved out.
General information, not legal advice.
Frequently asked questions
How much Kaution can a landlord ask from a student WG?
The landlord can ask for at most three months' rent without Nebenkosten for the whole flat (§ 551 BGB). That limit applies even if five people are on the lease.
Do my parents get the Kaution back if they paid it?
Your parents do not get the Kaution back automatically. For the landlord, what counts is who is on the lease. How the money then gets back to your parents is something you sort out among yourselves.
Can I claim my share of the Kaution from the landlord if I move out early?
With a joint lease, you cannot claim your share from the landlord as long as the tenancy continues. The person who takes over your room or the WG usually pays you your share, ideally under a written agreement.
Also in this topic: Taking in a subtenant: asking your landlord's permissionWG: splitting rent and Nebenkosten fairlyFlatshare and subletting: who is liable, who may sublet?All guides: Shared flats & subletting
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