Kaution for a Zwischenmiete: how much, when to pay it back, what to deduct
What to know as the main tenant about your interim tenant's Kaution (deposit) in a Zwischenmiete (interim let).
As the main tenant, take a Kaution of at most three months' rent, keep the money separate and deduct only documented damage. The flat's condition on handover day is your evidence.
The Kaution from start to finish
In a Zwischenmiete, you are in the landlord's role for the Kaution. These are your steps, in order.
- 1
Agree the amount
Write the amount into the sublease. It can be at most three months' rent without Nebenkosten (service charges).
- 2
Give a receipt
Confirm every payment in writing.
- 3
Keep the money separate
Keep the Kaution apart from your own money. The interest belongs to the interim tenant.
- 4
Record the handover
On move-in day, record every room and the furniture.
- 5
Record the return
On move-out day, do the same walk-through again.
- 6
Settle the Kaution
Deduct only documented damage and pay back the rest.
Why this matters
Under § 540 Abs. 2 BGB, you are liable to your landlord for damage the interim tenant causes. The Kaution only protects you if you can prove that the damage happened during the interim tenant's stay.
General information, not legal advice.
Frequently asked questions
Can I accept the Kaution in cash?
Yes, you can accept the Kaution in cash. Confirm the amount in writing and keep it separate from your own money.
What if the damage costs more than the Kaution?
You can claim the rest from the interim tenant if you prove the damage and its amount. These claims expire six months after you get the flat back (§ 548 Abs. 1 BGB).
Do I have to pay the interim tenant interest?
The returns on the Kaution you deposited belong to the interim tenant (§ 551 Abs. 3 BGB). Over a few months that is usually a small amount.
Also in this topic: Finding a Zwischenmieter without landlord troubleKaution for a furnished flat: furniture deductionsFurnished flat in Germany: does the Mietpreisbremse apply?All guides: Furnished & short-term letting
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