Guides / Deposit
Deposit
The amount, holding and return of the Kaution (§ 551 BGB).
The Kaution (deposit) is capped at three months' net cold rent and must be held separately from the landlord's own assets, earning interest – all § 551 BGB. The real question starts when the tenancy ends: what may be withheld, and how long may the review take? Case law usually grants the landlord 3 to 6 months.
These guides cover both sides – from holding the deposit correctly through permissible deductions to reclaiming it, including limitation periods. What decides the outcome is the documented condition of the flat at move-in and move-out: without evidence, every deduction is just an assertion.
Guides for landlords
- How to Hold and Invest a Mietkaution (2026)
How landlords must hold the Mietkaution: max three Nettokaltmieten, separate from personal assets, insolvency-proof and interest-bearing, § 551 BGB.
- Withholding or Returning the Kaution: Landlords 2026
When may landlords keep the Kaution? Inspection period, permitted deductions and retention for the Nebenkostenabrechnung, § 551 BGB.
Guides for tenants
- Losing your Kaution: the costliest handover mistakes (2026)
Most deposits are not lost to damage but to avoidable mistakes at move-in and move-out. The most expensive ones, and how to avoid them.
- Mietkaution: how much is allowed? (2026)
Your Mietkaution under § 551 BGB: at most three Nettokaltmieten, payable in three instalments. Where it must be held and who gets the interest.
- Reclaiming your Kaution: when do you get it back? (2026)
Reclaiming your Kaution (security deposit) under § 551 BGB: landlords get a review period of usually 3–6 months. How to get your deposit back with interest.
By topic