A security deposit, also called a rent deposit (\u2018Mietkaution\u2019), is a sum of money that you have to provide to your landlord before you move into a new apartment. It serves as a protective measure in case tenants cause damage to the apartment or don\u2019t pay their rent. So, if you spill wine on your landlord\u2019s carpet, or don\u2019t pay all your bills on time, they can make use of the money.<\/p>\n\n\n\n
BTW, the maximum amount your landlord can ask you to pay is equivalent to three months of rent (aka \u2018Kaltmiete\u2019, rent excluding utility costs). Sounds like a lot, doesn\u2019t it? If you\u2019re short on cash, you\u2019ve got the option to split your rental deposit payment into three separate installments. Contrary to popular belief, the first payment is only due at the beginning of your tenancy, and not immediately after you sign on the dotted line.<\/p>\n\n\n\n
FYI<\/em>: Your landlord needs to ensure your deposit money \u2014usually in the form of bank transfer or cash\u2014is moved to a bank account that is separate<\/em> from his account. In addition, the account needs to be \u2018insolvency-proof\u2019. That way, you can rest assured that your money is still there should your landlord\u2019s financial situation go down the drain.<\/p>\n\n\n\n As an additional precaution, The German Tenants’ Association (\u2018Deutscher Mieterbund<\/a>\u2019) advises you to ask for a receipt from your landlord proving that they have actually received your rent deposit.<\/p>\n\n\n\n First things first: You can only expect to see your deposit again if you\u2019ve always paid your rent on time, don\u2019t owe any additional money to your landlord, and have left the rental apartment in good condition when moving out.<\/p>\n\n\n\n If one of these conditions isn\u2019t met, your chances of getting your full deposit back are pretty slim. But let\u2019s assume that you\u2019ve met all the criteria. <\/p>\n\n\n\n So, when do you actually get your money back?<\/p>\n\n\n\n You may think your deposit will accompany you to your new place, along with your packed boxes. Unfortunately, we\u2019ll have to disappoint you here. Only very rarely will you get your deposit back once you return the keys to your old rental. In reality, you\u2019ll need to give your landlord some time to decide if you should, in fact, get it back. . <\/p>\n\n\n\n Your ex-landlord will walk through the apartment to check if you\u2019ve left everything in the state agreed upon in your lease. Also, they’ll want to make sure all your money is paid. <\/p>\n\n\n\n You\u2019ll probably have to be patient\u2014 but not for too long. As a rule of thumb, you can usually expect your rent deposit back within three to six months after the rental contract ends. <\/p>\n\n\n\n FYI, After three years, your claim to your security deposit expires.<\/p>\n\n\n\n Ok, now that we\u2019ve defined what a deposit is and when your landlord should pay it back to you, let\u2019s take a closer look at some reasons your landlord might decide to keep your deposit.<\/p>\n\n\n\n 1. You still owe rent.<\/strong><\/p>\n\n\n\n The first day of the month has long passed, and you still haven\u2019t transferred your rent payment. A quick glance at your current balance tells you why: you\u2019re kinda broke. It doesn\u2019t come as a complete surprise, but your landlord isn\u2019t thrilled. <\/p>\n\n\n\n Being late on your rent can happen to anyone, but it does come with some unpleasant consequences. If at the end of your lease there\u2019s an outstanding debt, your landlord can use parts of your deposit to cover what you owe, until you pay up. BTW, if you fail to pay your rent for two months consecutively, your lease can be terminated without notice. This only applies if what you owe amounts to more than one month\u2019s rent, according to news site \u2018Redaktionsnetzwerk Deutschland<\/a>\u2019.<\/p>\n\n\n\n 2. The last utility bill hasn\u2019t come in yet.<\/strong><\/p>\n\n\n\n If the public utility company (\u2018Stadtwerke\u2019) hasn\u2019t sent out the latest bill yet, your landlord knows that you\u2019ll likely still have to pay to cover some utilities. If this is the case, they can withhold a portion of your deposit until they see that you won\u2019t need to pay or that you\u2019re caught up with your bills. However, your landlord might only receive the last bill at the end of the year. In this case, they likely won\u2019t give back your deposit within the expected time frame of 3-6 months.<\/p>\n\n\n\n 3. You\u2019ve caused some damage to the rental, which you haven\u2019t fixed. <\/strong><\/p>\n\n\n\n Imagine this: You\u2019re moving your vintage shelves out of your bedroom and into the living room, but you underestimate its size. Crap! You\u2019ve banged it right into the door frame, causing some noticeable damage.<\/p>\n\n\n\n Luckily, if you have personal liability insurance<\/a>, you\u2019ve got nothing to worry about. Whether you\u2019ve accidentally broken the landlord\u2019s fancy bath tub or spilled your favorite Malbec on their carpet, damages to your rental property (\u2018Mietsachsch\u00e4den\u2019) are usually covered by your liability insurer (assuming you didn\u2019t cause the damage on purpose).<\/p>\n\n\n\n If you accidentally cause damage to your landlord\u2019s property while moving out, you or your insurer will have to pay for it. This also applies if your key is lost or stolen during your move. One again, your liability insurer should have your back. They will cover the costs to replace the key and the respective locks. Once you\u2019re even, your landlord should immediately return your security deposit in full. If you don\u2019t have personal liability insurance, or don\u2019t pay up, they can keep a portion of your security deposit to pay for the damages themselves.<\/p>\n\n\n\n BTW, normal wear and tear, such as stains on the walls where you hung your framed prints, or signs of use in your kitchen sink fall under your landlord\u2019s responsibility, not yours or your insurer\u2019s. Be aware that some landlords will try to make you pay nonetheless\u2014don\u2019t let them rip you off.<\/p>\n\n\n\n 4. You\u2019ve skipped the necessary cosmetic repairs or basic cleaning before moving out.<\/strong><\/p>\n\n\n\n It\u2019s very likely that your rental agreement includes a paragraph about the exact state the rental needs to be in when you move out. In this paragraph, you\u2019ll likely be asked to paint the apartment before you leave. What happens if you move out without painting? In that case, your ex-landlord can hire someone to paint the apartment \u2014and use your rent deposit to pay the bill! Definitely something to keep in mind. However, your landlord cannot expect more than a standard paint job, which requires some white paint, a patch-up of holes you\u2019ve drilled, and the removal of any nails. Anyway, make sure your landlord doesn\u2019t trick you into beautifying the apartment at your own expense.<\/p>\n\n\n\n The same rules apply if you decide to forego a proper cleaning before you move out of the apartment. In that case, your landlord is free to employ a cleaning service at your expense. <\/p>\n\n\n\n As you\u2019ve probably realized by now, transparency is everything. It\u2019s crucial for you and your landlord to agree on the state the apartment should be in when you move out\u2014even before you sign the lease. <\/p>\n\n\n\n Once your move out date has arrived, take a last walk through the apartment with your landlord. Create a list of things that might need to get fixed. This is called a handover protocol (‘\u00dcbergabeprotokoll’). Just be aware that you\u2019ll only record<\/em> potential damages, and won\u2019t sign anything that commits you to do the corresponding repairs. <\/p>\n\n\n\n BTW, for your next apartment, you should do the same before your lease starts. If you record any prior damages, you can\u2019t be held responsible for stuff that has fallen to pieces before your time living in the flat. <\/p>\n\n\n\n Pro-tip: We recommend taking a good friend who\u2019ll accompany you during the last walk through the apartment. They can oversee the process and if worse comes to worst, if you\u2019re to be made responsible for damages that weren\u2019t your fault, your friend can testify for you. Our apologies for our mistrust in landlords, some are probably real nice guys!<\/p>\n\n\n\n Ok, you\u2019ve done everything in your power to get your security deposit back. What happens, if your landlord still<\/em> refuses to pay up?<\/p>\n\n\n\n Step #1<\/strong><\/p>\n\n\n\n An honest conversation can definitely clear the air. Call your landlord or send a WhatsApp (depending on how you\u2019ve communicated with them so far) to let them know that you\u2019d like to talk. Maybe there has simply been a misunderstanding between the two of you, and the issue can be resolved quicker than you think. Not up to meeting up in person? Sometimes a quick phone will do the job.<\/p>\n\n\n\n Step #2<\/strong><\/p>\n\n\n\n Okay. Unfortunately, there hasn\u2019t been a misunderstanding between the two of you, and your issue isn\u2019t that easy to resolve. If you still think you\u2019re in the right, you can send your landlord a letter of demand, asking them to return your rent deposit. You can find a German template here<\/a>. Make sure you send a registered letter including a return receipt, so you can see that they\u2019ve received your message.<\/p>\n\n\n\n Make sure the letter mentions that you\u2019ll take legal action if you don\u2019t get the deposit back within a reasonable period of time (usually of 2-4 weeks). You should also ask for a clarification as to why your landlord is holding onto your money in the first place.<\/p>\n\n\n\n![\"Rent](\"https:\/\/www.lemonade.com\/de\/blog\/wp-content\/uploads\/2021\/11\/shutterstock_1097696003-1-1024x683.jpg\")
<\/figure>\n\n\n\nWhen can you expect to get your deposit back?<\/h3>\n\n\n\n
When your landlord won\u2019t return your deposit<\/h3>\n\n\n\n
![\"Landlord](\"https:\/\/www.lemonade.com\/de\/blog\/wp-content\/uploads\/2021\/11\/shutterstock_1356740783-1024x683.jpg\")
<\/figure>\n\n\n\n![\"Deposit](\"https:\/\/www.lemonade.com\/de\/blog\/wp-content\/uploads\/2021\/11\/shutterstock_1946108635-1024x585.jpg\")
<\/figure>\n\n\n\nTips to get your deposit back<\/h3>\n\n\n\n