Free check

Deposit check: is your landlord asking too much?

German rental deposits are capped at three months' net cold rent. Check in seconds whether yours stays within the limit — and what else you're entitled to.

The three-month cap (§ 551 BGB)

The base is the net cold rent without utility prepayments. Anything above three months' rent is invalid to that extent — you can reclaim the excess, even during the tenancy and even if you already paid it.

Instalments and interest are mandatory

You may pay the deposit in three equal monthly instalments, the first due at the start of the tenancy. The landlord must keep it in a separate interest-bearing account — the interest is yours. Neither right can be excluded by the contract.

This checks the amount — your contract holds the details

Whether your specific deposit clause is validly worded, whether an additional guarantee is demanded, and what applies to repayment after moving out is written in your lease. Upload it to Lucid for free — the deposit clause is checked against the law along with every other clause.

Frequently asked questions

What is the maximum rental deposit in Germany?

Three months' net cold rent (§ 551 (1) BGB). Utility and heating prepayments don't count toward the base.

I paid more than three months' rent — what now?

The agreement is invalid to that extent. You can reclaim the excess — ideally in writing with a deadline. The claim exists during the running tenancy too.

Do I have to pay the deposit all at once?

No. § 551 (2) BGB entitles you to three equal monthly instalments starting with the tenancy. This right cannot be excluded by contract.

When do I get the deposit back after moving out?

After a reasonable examination period — courts typically allow three to six months. Only a pending utilities settlement justifies withholding a proportionate part for longer.

Lucid provides general legal information and does not replace legal advice. For binding guidance, contact a tenants' association or a lawyer.

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