📝 Tenancy agreement and deposit
In brief
A residential tenancy agreement does not have to be in writing. Writing is safer for both sides.
- The deposit may be no more than three times one month's rent excluding service charges.
- The tenant may pay in three equal monthly instalments.
- You must invest the deposit at a bank, separately from your own assets.
- The interest belongs to the tenant.
A fixed-term contract is only allowed on statutory grounds (§ 575 BGB, see Wegweiser Tenants).
Step by step
- Draft the contract clearlyRecord rent, additional costs, deposit and start of the tenancy in writing.
- Limit the depositAsk for no more than three months' net rent excluding service charges.
- Invest separatelyPlace the money in a separate account.
- Settle at the end of the tenancySettle the account within a reasonable time after the return of the flat.
Deadlines
- A higher deposit is invalid; the tenant can reclaim the excess.
- Interest increases the security and belongs to the tenant.
- How long you may keep the deposit after move-out is not set out in the law; not checked.
In depth · legal basis, figures and practice – for advisers and professionals
Rent security, § 551 BGB
The security may be no more than three times the rent for one month, excluding service charges shown as a flat rate or as an advance payment. For sums of money the tenant may pay in three equal monthly instalments. The sum of money must be invested separately from the landlord's assets at a credit institution at the interest rate customary for savings deposits with three months' notice. The returns belong to the tenant. The duty to pay interest does not apply to student and youth residences. Agreements to the contrary to the tenant's disadvantage are invalid.
Link to the rent brake
In areas with a rent brake, you must provide certain information before the tenant makes their contract declaration if you rely on an exception (§ 556g Abs. 1a BGB, see rent level).
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