Germany · Mietkaution

Getting your Kaution back in Germany

German law protects the deposit (Mietkaution) well: it is capped, kept apart from the landlord's money, and earns interest for you. The weak point is timing: there's no fixed deadline for paying it back.

Maximum deposit

Three months' rent without service costs (Nettokaltmiete), § 551 BGB.

Paying it

You may pay in three equal monthly instalments, the first at the start of the tenancy.

How it's held

Separately from the landlord's own money, in a bank account at the usual savings rate. The interest belongs to you.

Return

No fixed legal deadline. Courts allow a reasonable period to check for claims, commonly three to six months.

Damage claims

The landlord's claims for damage expire six months after they get the property back (§ 548 BGB).

What your landlord can keep

Only what you actually owe: rent arrears, damage beyond normal use, and, for a limited time, a reasonable amount held back for a service-charge statement (Nebenkostenabrechnung) that isn't ready yet. Normal wear from living in the flat is covered by the rent.

What to do if your Kaution isn't returned

1. Ask in writing, with a deadline

Write to your landlord with your move-out date and bank details, ask for the deposit plus interest, and set a clear deadline, for example two weeks.

2. Get advice from a Mieterverein

Local tenant associations (members of the Deutscher Mieterbund) advise members on deposit disputes for a small annual fee.

3. Claim it at the Amtsgericht

If the landlord still doesn't pay, you can claim the deposit at the local court (Amtsgericht), for example through a payment order (Mahnbescheid).

Why photos matter in Germany too

Most disagreements are about the handover report (Übergabeprotokoll): what was already there, and what's new. Dated photos of every room at move-in, next to photos at move-out, answer that question and make an unfounded deduction hard to defend.

Sources: § 551 BGB · § 548 BGB · Deutscher Mieterbund. General information, not legal advice.