Make a deposit correctly: This is how you protect yourself as a tenant!

Make a deposit correctly: This is how you protect yourself as a tenant!

The rental deposit is a central element in tenancy law that affects both tenants and landlords. This financial security protects landlords from possible claims that may arise from the rental agreement. Landlords have the power to decide how the deposit is paid, while tenants can make suggestions. As below Yahoo reported that there are several common options, including cash, bank transfer and partial payment.

A special feature is the option of partial payment, which makes it easier for tenants. This can be done in three equal monthly installments, which is stipulated by law. Alternatively, a deposit savings account can be set up, in which tenants deposit the security in a savings account and pledge it in favor of the landlord. This is particularly relevant for tenants who have difficulty paying the full deposit.

Types of rental deposit

Basically, there are several forms of rental deposit that are anchored in the rental agreement. These include:

• Barkaution: Barzahlung oder Überweisung zu Beginn des Mietverhältnisses.
• Bürgschaft: Eine Einzelperson, oft ein Verwandter oder Freund, haftet für die Ansprüche des Vermieters.
• Bankbürgschaft: Eine Bank übernimmt die Bürgschaft gegen Gebühr.
• Mietkautionsversicherung: Diese Versicherungsgesellschaft stellt eine Urkunde aus, die dem Vermieter übergeben wird, ohne dass die Kautionssumme hinterlegt werden muss.

The amount of the deposit is regulated by law. It may amount to a maximum of three net rents, as stipulated in Section 551 of the German Civil Code (BGB). For example, with a basic rent of 480 euros and additional additional costs of 80 euros, the maximum deposit could be 1,440 euros. This legal framework protects the interests of both tenants and landlords, as tenants can reclaim overpaid deposits.

Rights and obligations under the tenancy agreement

After the rental agreement ends, the landlord is obliged to repay the deposit together with interest within three to six months. However, landlords can assert claims from the deposit, for example in the event of outstanding rent debts, additional payments for operating costs, damage to the apartment or for cosmetic repairs. These repayment periods are important to ensure transparency for tenants.

A particularly interesting regulation relates to the fact that landlords are not allowed to charge a higher deposit when rent increases. In addition, landlords must invest the deposit separately from their own assets and credit the interest to the tenant. Tenants are in turn obliged to pay the rent until the end of the tenancy agreement, as the last month's rent cannot be offset against the deposit. This ensures that the financial obligations remain in place throughout the rental period.

In today's rental landscape, clarifying the terms and conditions between landlord and tenant is crucial. These should be done on time and in writing to avoid misunderstandings. Further details on the rights and obligations regarding rental deposits can be found on Attorney information be read.