Kaution statements without disputes: keep every item traceable
How property managers settle the Kaution so the tenant can follow every item.
Only charge real damage at its current value, not normal wear and not the new price. Back every item with the condition at move-in and at move-out.
What makes a Kaution statement hold up?
Disputes almost always come from the same three errors. Avoid them and the tenant can follow the whole statement.
- 1
Real damage only
Worn walkways, yellowed paint and a usual number of drill holes do not belong in the statement.
- 2
Current value, not new
Only what the item was still worth at its age is owed.
- 3
Every item separately
Break down each item so the tenant can check it.
- 4
Condition at move-in
A move-out photo shows the damage, but not that it was missing at move-in.
- 5
Photos and receipts
Attach photos and receipts to every item.
- 6
Mind the deadline
Claims for damage become time-barred six months after the flat is returned.
Why this matters
Under § 538 BGB the tenant is not answerable for changes caused by contractual use. So normal wear does not belong in the Kaution statement, only damage that goes beyond it.
General information, not legal advice.
Frequently asked questions
How long may the Kaution be withheld after move-out?
§ 551 BGB sets no fixed period, but case law usually allows three to six months after the tenancy ends. If the operating-cost statement is still open, only a reasonable part may be kept for longer.
Why can the new price not be demanded?
Only the current value is owed, meaning what the item was still worth at its age (a “new for old” deduction). If its useful life is over, the claim falls away.
By when must damage be claimed?
Claims for changes or deterioration of the flat become time-barred six months after the return (§ 548 Abs. 1 BGB). So check and price any damage promptly after the handover.
Also in this topic: Documenting a vacant unit: for owners and insurersHandover by a caretaker or service provider
Next change of tenant coming up?
Capture every handover the same way, at move-in as at move-out. BildProof walks room by room through the unit and creates a condition report that every item in the statement can rest on.
See BildProof for property managers