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Mietkaution: The Rental Security Deposit

Maximum three months' net rent, payable in three instalments. Held in a separate account; the law sets no fixed return deadline — courts treat 3–6 months as reasonable.

✓ Verified: 15/08/2026

WHAT TO DO

What is it and when to do it?

The Mietkaution is a security deposit that protects the landlord against damage or unpaid rent. Its maximum amount is set by law (§ 551 BGB): no more than three net cold rents. It is paid before or on move-in and can be split into three instalments.

Where and how much does it cost?

Pay by bank transfer to the landlord’s account, or use a specialist product: a Mietkautionskonto (your account, your money) or a Mietkautionsbürgschaft instead of cash.

Common mistakes

Alternative: a Guarantee Instead of a Cash Deposit

With a Mietkautionsbürgschaft an insurer vouches for you: the landlord gets the same security and your money stays with you. Providers include kautionsfrei.de (the company plusForta) and Deutsche Kautionskasse with its Moneyfix product.

What matters is knowing what you pay for. The fee is a percentage of the deposit per year — roughly 4.5–7% across the market (kautionsfrei publishes 5.25% a year, minimum €50). On a €1,500 deposit that is about €79 a year, or roughly €237 over three years of tenancy — money you never see again. A cash deposit, by contrast, comes back in full: under § 551(3) BGB the landlord must hold it in a separate interest-bearing account and the interest belongs to you (modest as it currently is).

In short: the guarantee solves “I don’t have €2,000 right now”, not “this is too expensive”. If you can raise the deposit, paying cash costs you less.

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Details and tips
👨🏻‍💻
Max recommends:

Paid the deposit in cash without a receipt — at move-out the landlord claimed to have received nothing. Court proceedings, lost time and stress. Always transfer by bank: your bank statement is your proof.

👩🏼‍💼
Lea recommends:

The landlord hadn't returned the deposit after 8 months, citing 'ongoing checks'. It turned out the money was not in a separate account — which is illegal. Sent a formal demand letter with a deadline, and the money arrived two weeks later.


FREQUENTLY ASKED QUESTIONS

What is the maximum amount a landlord can charge?

Under § 551 BGB the deposit may not exceed three net cold rents (Nettokaltmiete, excluding service charges). At a cold rent of €900 the maximum deposit is €2,700. The landlord is legally required to hold the money in a separate, interest-bearing bank account.

Can I pay the deposit in instalments?

Yes — this is a statutory right under § 551 BGB. You can split the amount into three equal parts and pay them together with your first three monthly rent payments. The landlord cannot refuse.

How long does the landlord have to return the deposit?

The law sets no fixed deadline, but courts consider 3–6 months after moving out to be reasonable. During that time the landlord checks the apartment's condition, waits for the final utility bill and raises any damage claims. After 6 months with no response, send a written demand.

OFFICIAL SOURCES