How the deposit must be kept
By law, the landlord must keep a cash deposit (Kaution) separate from their own assets — in a bank account at the usual interest rate for savings with three months’ notice, or in another form agreed with you. The interest belongs to you and increases the deposit. This also protects your money if the landlord becomes insolvent. You can ask the landlord to show you where the deposit is kept. A deposit account in your own name that is pledged to the landlord (Mietkautionskonto) is particularly transparent.
Moving out: the handover
- Return the flat on time when the tenancy ends, completely cleared, including the cellar, and hand over all keys. Get written confirmation of the keys you returned.
- Arrange a handover appointment with the landlord and, if possible, bring a witness. Only sign the handover report (Übergabeprotokoll) if it is correct; note anything you disagree with.
- Take dated photos of every room and every meter. Enter the meter readings (electricity, water, heating) in the report and pass them on to your electricity and gas suppliers.
- If a valid clause in your contract obliges you to do decorative repairs (Schönheitsreparaturen), do them properly before the handover. Otherwise, it is usually enough to leave the flat swept clean (besenrein) and fill in dowel holes.
- Give the landlord your new address and bank details in writing.
How long the landlord may take
The landlord does not have to repay the deposit on the day you move out: they get a reasonable period to check whether they still have claims against you. Courts often consider up to about six months reasonable, and longer in special cases. If a utility bill settlement (Nebenkostenabrechnung) is still outstanding and a back payment is likely, the landlord may keep a reasonable part of the deposit until then — but not the whole deposit. The settlement itself must reach you within 12 months of the end of the billing period; see our guide on the utility bill.
What may be deducted — and what not
- May be deducted: unpaid rent, a back payment from the utility bill settlement and damage you caused beyond normal use — for example, burn marks, cracked tiles or stains on the carpet.
- Also the cost of decorative repairs — but only if a valid clause obliges you to do them and you did not do them despite a deadline set by the landlord.
- May not be deducted: normal wear and tear from everyday living, such as a worn carpet. You pay for normal use with your rent.
- The landlord must name and calculate their claims and may only keep as much as is needed to cover them. For damaged items that were already old, you usually do not have to pay the full price of a new one.
Do not “live off” the deposit: as a rule, you may not simply stop paying the last months’ rent and tell the landlord to keep the deposit instead. Unpaid rent remains rent arrears.
How to ask for your deposit back
- If you have heard nothing a few weeks after the handover, write to the landlord — ideally by registered letter or in another way you can prove — and ask them to settle and pay out the deposit by a specific date, for example within two weeks.
- State the flat, the amount and date of your deposit payment and your bank account. Ask for the deposit plus interest and for a statement of the deposit account.
- If the landlord deducts money, ask for an itemised statement with invoices or cost estimates. Object in writing to deductions you consider unjustified.
- If the deposit is in an account in your name pledged to the landlord, ask the landlord to release the pledge so that the bank can pay the money out to you.
If the landlord does not pay
Get advice from a tenants’ association (Mieterverein), the free tenant advice of the Berlin districts or a lawyer; on a low income, you can apply for legal advice assistance (Beratungshilfe) at the local court (Amtsgericht) where you live. Tenancy disputes are heard by the Amtsgericht for the area where the flat is located, and you do not need a lawyer there. If the landlord does not react at all, a court dunning procedure (Mahnverfahren) can be an option: for people living in Berlin or Brandenburg, it is handled centrally by the Amtsgericht Wedding, and the application can be prepared at online-mahnantrag.de. If the landlord objects, the case can continue as a normal lawsuit.
Time limits: your claim to get the deposit back becomes time-barred (Verjährung) after three years, counted from the end of the year in which it became due — that is, after the landlord’s checking period. The landlord’s claims for damage to the flat become time-barred six months after you returned it, but as a rule the landlord can still offset them against the deposit afterwards. So these six months are not a deadline for repaying the deposit.
When the building is sold
If the landlord sells the flat or the building, the buyer takes over the obligation to repay the deposit — even if the seller never passed the money on. If you cannot get the deposit back from the buyer when the tenancy ends, the previous landlord remains liable. Keep proof of your deposit payment for the whole tenancy.
Alternatives to a cash deposit
Some landlords accept a guarantee from a bank or an insurer (Mietkautionsbürgschaft, often called Kautionsversicherung) instead of cash. You keep your savings but pay a yearly fee that you do not get back; if the landlord makes a claim, the provider pays and then demands the money from you. The landlord does not have to accept such a guarantee, and all securities together may not exceed three months’ cold rent.
If the Jobcenter lent you the deposit, the part of the loan you have not yet repaid becomes due as soon as the landlord returns the deposit. Check your notice (Bescheid) and inform the Jobcenter.
Planning your next move? Before you sign, read what to check in a rental contract and how to find a flat in Berlin. On Flat-Radar, you can create a free housing request: landlords see it, and new matching listings come to your e-mail.