Tenant rights

Kaution basics: what a German deposit should (and shouldn't) look like

6 min read · Moyosore team

Understanding how a legitimate Kaution (security deposit) works makes it much easier to spot a fake one. This is general information, not legal advice, for anything contract-specific, a Mieterverein (tenants' association) or lawyer is the right call.

How much can a landlord ask for?

Under German law, a residential security deposit is generally capped at three months' cold rent (Kaltmiete, i.e. rent excluding utilities). If you're asked for significantly more, or for the full year upfront "to be safe," that's unusual and worth questioning.

Where should the money go?

Landlords are required to keep the deposit in a separate, interest-bearing account, separate from their personal or business finances. You should be able to ask which bank and account type is being used: a landlord unwilling to answer this is a warning sign.

When is it reasonable to pay?

Only after you've seen the apartment (in person or on a live video call with the actual property visible) and have a written contract in hand. Paying "to secure the viewing slot" is not a normal German rental practice.

What a scam version looks like

Urgency, no viewing, a request to send money to a "property manager" who isn't the person on the contract, or a landlord who's suddenly "abroad" and can only accept wire transfer or gift cards. These patterns show up constantly in scam reports from the Verbraucherzentrale.

Getting your deposit back

Legitimate landlords have a defined process (and legal obligation) to return the deposit, minus any documented damage, within a reasonable period after you move out, typically a few months. If a "landlord" is vague or evasive about this from the start, that's worth factoring into your decision before you ever sign.

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