The rental deposit (Kaution) in Germany
The Kaution is the security deposit you pay at the start of a tenancy and get back when you leave. German law protects you here: there's a hard cap on how much a landlord can ask, you can spread it over three months, and there are alternatives if you don't have the cash up front. Here's what to know.
How much: the three-month cap
By law, the deposit is limited to three months' cold rent (Kaltmiete) – the base rent, not the Warmmiete that includes utilities. On an apartment with €800 Kaltmiete, the maximum deposit is €2,400, even if the Warmmiete is €1,000. A landlord asking for more than three cold rents is asking for something the law doesn't allow.
Watch the base: the cap is always on the Kaltmiete. If a listing only shows the Warmmiete, ask what the Kaltmiete is – that's what the deposit is calculated from.
You can pay it in three instalments
You are not required to hand over the whole deposit on day one. The law gives you the right to split it into three equal monthly payments: the first at the start of the tenancy, the next two together with the following two months' rent. A landlord cannot make you pay it all at once – useful when you're also covering moving costs and first rent.
No cash up front? The deposit guarantee
If tying up several months' rent isn't realistic – common right after a move to Germany – there's an alternative to cash:
- Deposit guarantee (Mietkautionsbürgschaft): a bank or provider guarantees the deposit amount to your landlord for an annual fee, instead of you paying cash. You keep your money free; it costs more over the years.
- Deposit account (Mietkautionskonto): when you do pay cash, it must be held in a separate, interest-bearing account in your name – kept apart from the landlord's own money.
- A guarantor (Bürge): for applicants without a German credit history, a guarantor can also reassure the landlord – see our SCHUFA for foreigners guide.
Getting your deposit back
Hand over the flat in good condition
Do a proper handover with a written protocol (Übergabeprotokoll) noting the state of the apartment and meter readings. Normal wear and tear is not your responsibility – only damage beyond that.
Expect a partial hold for the utilities bill
Landlords often keep a portion until the yearly utilities statement (Nebenkostenabrechnung) is settled, then release the rest. Deductions are only allowed for genuine costs like damage or unpaid rent.
Get the balance back – usually within months
The remaining deposit is typically returned within three to six months. If a landlord holds it unreasonably long or deducts without justification, you can insist in writing and, if needed, seek tenant-law advice.
Never pay the deposit before you've signed
Deposit-before-viewing is a scam
A very common fraud asks you to transfer the deposit before you've seen the apartment or signed a contract – often with a story about the landlord being abroad and sending "keys by post". Never transfer the Kaution before you have viewed the flat in person and signed a lease. A real deposit is paid after signing, into a proper deposit account.
First, get invited to the viewing
Before any deposit, you need the apartment. WohnungsBewerber reads the listing, writes your personal German application letter and pre-fills the contact form on all five big portals – so you apply first, even without fluent German. You review and send it yourself. Free, data stays local.
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Frequently asked questions
How much deposit can a landlord ask for?
The deposit is capped at three months' cold rent (Kaltmiete) – the base rent without utilities. Landlords often ask for the full three months, but they cannot demand more.
Can I pay the deposit in instalments?
Yes. You have the legal right to pay in three equal monthly instalments – the first at the start of the tenancy, the next two with the following two months' rent. Your landlord cannot force you to pay it all at once.
How do I get my deposit back?
After you move out and return the keys, the landlord settles any open costs. They may deduct for damage beyond normal wear or unpaid rent, and often hold part until the annual utilities bill is settled. The rest is usually returned within three to six months.
What if I can't afford the deposit up front?
Besides paying in three instalments, you can use a deposit guarantee (Mietkautionsbürgschaft): a provider or bank guarantees the amount to the landlord for an annual fee, so you don't tie up cash. It costs more over time but frees up money when you move in.