Kaution repayment deadline calculator
When must the landlord repay the Kaution (security deposit)? Enter your move-out date and the calculator shows the usual review period of 3 to 6 months (§ 551 BGB) and when your claim becomes time-barred.
Calculate the deadline
Please enter the date of move-out and key handover.
This calculator gives initial guidance and is not a substitute for legal advice. The review period depends on the individual case. It is based on German tenancy law (BGB); Austria (§ 16b MRG) and Switzerland follow different rules and deadlines.
Why there is no fixed statutory deadline
§ 551 BGB regulates the amount and holding of the deposit – on repayment, the statute is silent. Case law fills the gap: the landlord gets a reasonable review period to settle open claims. Depending on the case, that is usually three to six months from handing back the flat; simple cases can be quicker.
Once the review period ends, the Kaution falls due – in one sum, including accrued interest. The repayment claim becomes time-barred after three years (§§ 195, 199 BGB), counted from the end of the year in which it fell due.
What the landlord may withhold – and what not
Withholding is only allowed for concrete claims: unpaid rent, operating costs owed, damage beyond normal wear. Traces of ordinary use – lived-in walls, small drill holes, a worn carpet – are covered by the rent (§ 538 BGB) and justify no deduction.
If the final operating-cost statement is still pending, a reasonable portion may be retained until it is issued – up to a realistically expected back-payment, not the whole deposit. For damage, the landlord bears the burden of proving it existed at move-out and not at move-in. This is exactly where the Übergabeprotokoll decides the case.
Deposit not returned? What to do
Once the review period has passed, demand payment in writing – with a concrete deadline of about two weeks and your bank details. If the landlord does not react, the next step is the court dunning procedure or a claim before the Amtsgericht.
Gather your evidence first: the Übergabeprotokoll, photos with a provable date, correspondence. Whoever can prove the condition at move-out takes the ground from under unjustified deductions.
Frequently asked questions
When must the Kaution be repaid?
There is no fixed statutory deadline. Case law grants the landlord a reasonable review period of usually 3 to 6 months after you move out and hand back the flat. After that the Kaution falls due and must be paid out with interest.
Do I get the Kaution back at the key handover?
No. Handing back the flat only starts the review period. The landlord may first check for open claims; the Kaution falls due only once the reasonable period has passed.
When does the claim to the Kaution become time-barred?
The repayment claim becomes time-barred under §§ 195, 199 BGB after three years, counted from the end of the year in which the claim fell due.
Must the Kaution earn interest?
Yes. The deposit must be held separately from the landlord's assets and earn interest (§ 551 (3) BGB). The interest belongs to the tenant and increases the repayment – even if the landlord failed to invest it properly.
May the landlord keep the whole Kaution because of the Nebenkosten?
No. Only a reasonable portion may be retained, up to a realistically expected back-payment. The undisputed remainder must be paid out within the review period.
Are deductions for normal wear allowed?
No. Traces of ordinary use are covered by the rent (§ 538 BGB). Deductions are only allowed for real damage – which the landlord must prove.