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Rental deposit in Germany: what a landlord may ask and how he must hold it

The deposit is your money, held in trust by the landlord, and the law caps it whatever your lease says.

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Your deposit: maximum and instalments

Maximum lawful

€2,340

Asked above the limit€160
Three instalments of€780
Instalments with dates and interest →

A German rental deposit (Mietkaution) secures the landlord’s claims under the tenancy, such as unpaid rent, a service-charge top-up or damage. Under Section 551(1) of the Civil Code (BGB) it may not exceed three times the monthly rent excluding service charges shown as a flat rate or advance payment. With a base rent (Nettokaltmiete) of €980 and advances of €240, the cap is €2,940.00. The cap covers all forms of security together, so it also applies when a cash deposit is combined with a guarantee. A cash deposit can be paid in three equal monthly instalments: here €980.00 when the tenancy starts on 1 December 2026, then one with each of the rents due on 1 January 2027 and 1 February 2027. The landlord must keep the money at a bank, separate from his own assets, earning at least the usual rate for savings with three months’ notice; the interest is yours. If you fall behind on the deposit by an amount equal to two months’ base rent, €1,960.00 here, he may terminate without notice under Section 569(2a) BGB.

What the deposit is for

The deposit covers every claim the landlord may have under the tenancy: rent arrears, a top-up from the service-charge statement, compensation for damage beyond normal wear, costs of an eviction. It is not an advance on your last rent. If you stop paying in your final months and point to the deposit, you are in arrears, because the deposit is meant for the period after you leave, when claims come to light. When you get it back is explained on the deposit refund page.

The cap: three months’ base rent

Section 551(1) BGB limits any security you have to provide to 3 times the monthly rent without service charges shown as a flat rate (Pauschale) or advance (Vorauszahlung). If your rent is all-inclusive with no separate service charges, that rent is the basis. For three typical flats with a tenancy starting on 1 December 2026:

Deposit cap, instalments and arrears threshold under Sections 551 and 569 BGB
Base rentAdvanceMaximum depositPer instalmentTermination from
€640€180€1,920€640.00€1,280 in arrears
€980€240€2,940€980.00€1,960 in arrears
€1,450€310€4,350€1,450.00€2,900 in arrears

The cap applies to all security combined. A landlord who asks for a guarantee of €1,500 on top of a full cash deposit of €2,940 goes over it by €1,500. The excess is void; Section 551(4) BGB rules out any agreement to your disadvantage.

Three instalments, and what happens if you fall behind

You may pay a cash deposit in three equal monthly instalments (Section 551(2)). The first is due when the tenancy begins, meaning the agreed start date, not when you sign. The second and third fall due with the next two rent payments. With €980 base rent that is three payments of €980.00 on 1 December 2026, 1 January 2027 and 1 February 2027. The small calculator above splits any deposit this way.

If you do not pay, the landlord has a special right: Section 569(2a) BGB allows termination without notice once you are behind by an amount equal to two months’ rent, again without service charges. No warning letter or deadline is needed. The termination lapses, however, if you clear the arrears within two months of an eviction claim being served, or a public body undertakes to pay, as Section 569(3) No. 2 provides.

Forms of security

  • Cash or bank transfer: the usual case; the landlord invests the money.
  • Pledged savings account in your name (Kautionskonto, Sparbuch): the account is yours; the landlord holds a pledge and can only draw on it for valid claims.
  • Bank or personal guarantee (Bürgschaft): the guarantor pays if you do not. It counts in full towards the cap.
  • Deposit insurance (Kautionsversicherung): a guarantee bought for a yearly premium. The landlord need not accept it, and the premium is gone.

Other investments than a savings account, such as a fund, are allowed under Section 551(3), second sentence, if both sides agree. The money must still be kept apart from the landlord’s assets and the returns are yours, but a market loss then reduces your deposit.

Separate account and interest

The landlord must place a cash deposit with a bank at the usual rate for savings with three months’ notice, separately from his own assets (Section 551(3), first and third sentences). The separation is what actually protects you: if he becomes insolvent or his creditors enforce against him, a clearly labelled trust account stays yours. So ask for confirmation. The interest increases the security; it is not paid out every year but added to the deposit and returned with it. In student or youth halls there is no duty to pay interest.

If you paid too much

If the landlord received more than the cap, you can claim the excess back straight away, not only when you move out. In the example with €3,600 instead of €2,940, that is €660. Write to the landlord, state the base rent and the cap, and set a deadline. The deposit calculator checks cap, instalments and interest for your own lease. Note also that the landlord’s claims for damage to the flat become time-barred just six months after he gets it back (Section 548 BGB), which matters a great deal when the deposit is settled at the end.

Frequently asked questions

What is the maximum rental deposit in Germany in 2026?

Three times the base rent, under Section 551(1) BGB. Service charges shown as a flat rate or advance payment are left out. On €640 base rent the cap is €1,920.00, on €1,450 it is €4,350.00. The cap is mandatory: a lease asking for more is void as to the excess, and you can reclaim anything paid above the limit.

Does the landlord have to keep my deposit in a separate account?

Yes. Section 551(3) BGB requires the money to be kept apart from the landlord’s own assets, normally in a bank account paying the usual rate for savings with three months’ notice. That separation protects you if the landlord goes bankrupt or his creditors seize his assets. Ask for a bank confirmation that names the account as a rental deposit account.

Can a landlord ask for a guarantor on top of a cash deposit?

Only up to the cap of three months’ base rent for all security combined. If he already holds €2,940.00 in cash, an extra guarantee (Bürgschaft) from your parents for €1,500 is in principle void, because the total exceeds the cap by €1,500.00. You can demand the excess back, which for a guarantee means the return of the guarantee document.

Is deposit insurance a good alternative to a cash deposit?

It keeps cash in your pocket but costs a yearly premium you never get back. If the landlord claims, the insurer pays him and then recovers the money from you. Whether it is worth it depends on how long you stay: over many years the premiums often add up to more than a cash deposit costs you in lost interest. The landlord does not have to accept it.

Will I earn interest on a deposit in student housing?

Not necessarily. For rooms in a student or youth hall of residence, Section 551(3), fifth sentence, BGB exempts the landlord from paying interest. The cap of three months’ rent without service charges and your right to pay in three instalments still apply there. In a furnished room inside the landlord’s own flat, these same rules on the cap and instalments apply too.

What if my lease asks for a higher deposit than allowed?

The clause is void only to the extent it exceeds the cap; the rest stands. If the landlord asks for €3,600 on €980 base rent, you owe €2,940.00 and can reclaim €660.00, even while the tenancy is running. The same goes for a clause ruling out instalments (Section 551(4) BGB).

Related pages and calculators

Sources

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Legal status 2026, checked on