Skip to content

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.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Dispute an excessive deposit

Your chances of getting your money back

The rent deposit is capped at a maximum of three net base rents (excluding ancillary costs) (§ 551 (1) BGB). Any demand beyond that is, to that extent, invalid.
You may pay the deposit in three equal monthly installments (§ 551 (2) BGB), the first at the start of the tenancy. An additional security that ultimately exceeds three base rents can be impermissible.

What you should do now

  1. 1

    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.

  2. 2

    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.

  3. 3

    3. Reclaim any excess

    If you have already paid too much, reclaim the excess amount in writing.

  4. 4

    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.