How high may the rent deposit be? At most 3 base rents
The landlord demands a hefty deposit, perhaps even a guarantee and cooperative shares on top? The law sets clear limits: a deposit of more than three net base rents is not permitted, and you may pay it in installments.
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Dispute an excessive deposit →Your chances of getting your money back
What you should do now
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1. Calculate the amount
Three times the net base rent (excluding operating costs) is the maximum. If the demanded deposit is above that, the excess part is invalid.
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2. Use installment payment
Point out to the landlord that by law you may pay in three monthly installments, the first at the start of the tenancy.
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3. Reclaim any excess
If you have already paid too much, reclaim the excess amount in writing.
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4. Check the investment
The deposit must be invested at interest, separately from the landlord's assets. The interest belongs to you.
Frequently asked questions
May the landlord demand more than three base rents?
No. The deposit is capped at a maximum of three net base rents (§ 551 BGB). A higher demand, including through a combination of several securities, is invalid to that extent, and you can reclaim anything overpaid.
Do I have to pay the deposit all at once?
No. You have the right to pay the deposit in three equal monthly installments. The first installment is due at the start of the tenancy, the others with the two following rent payments.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.