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Rental deposit account

Bankingab 9 J.
In Germany the landlord MUST keep the rental deposit separate from their own assets and invest it with interest (§551 Civil Code). The interest belongs to the tenant. Many landlords ignore this – check when you move out!

The deposit account (Kautionskonto) is a special savings account for the rental deposit – and the landlord has strict legal obligations in Germany.

Legal rules (§551 BGB):

• Amount: max. 3 months' net basic rent
• Instalments: may be paid in 3 equal monthly instalments (first instalment at the start of the tenancy)
• Separation: the landlord MUST invest the deposit separately from their private assets
• Interest: at least at the usual savings rate
• Interest earnings: belong to the TENANT and are added to the deposit

Investment options:

• Deposit savings book: classic, in the tenant's name. The landlord receives the book as security
• Escrow account: the landlord opens a separate account
• Deposit insurance: you pay ~3–5% of the deposit per year as a premium instead of the full amount. Saves liquidity but costs more over the years

Alternatives to a cash deposit:

• Bank guarantee: the bank stands surety for you (costs fees)
• Parental guarantee: parents stand surety (careful: UNLIMITED liability with a voluntary guarantee!)
• Rental deposit insurance: from ~€5/month with kautionsfrei.de, Eurokaution etc.

Return:

• The landlord has approx. 3–6 months after you move out to return it
• Right of retention: only for justified claims (damage, outstanding service charge statement)
• Check on return: was the interest paid out too?

Did you know? Many landlords ignore the duty to keep the deposit separate and interest-bearing. On a €2,000 deposit over 5 years at 2% interest, the tenant is owed about €208 – money most tenants never claim.
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