What is Mietkaution?
Mietkaution (rental security deposit) protects the landlord against unpaid rent or damage. By law it is capped at three months' Kaltmiete (net rent without utilities). It is your money — held in trust until the tenancy ends and any lawful claims are settled.
After move-out, landlords often send a letter about how much they will return, what they are keeping, or that they need more time because of Nebenkostenabrechnung. That letter is what most tenants upload to Briefed.
How deposits are held
- Barkaution — cash deposit (still common in older contracts)
- Mietkautionskonto — separate bank account in the tenant's name (standard since rental law reforms)
- Bankbürgschaft — bank guarantee instead of cash
The deposit must be kept separately from the landlord's own funds and earns interest for you. If you never received proof of where it is held, ask in writing — you have a right to know.
When should you get it back?
After you return the keys and complete Wohnungsübergabe (handover), the landlord must return the deposit without undue delay — unless they have a concrete, lawful reason to withhold part of it.
In practice:
- Minor cosmetic wear from normal use cannot be charged to you
- Clear damage or missing items documented at handover can justify deductions
- For open Nebkosten (utilities), the landlord may retain a reasonable partial amount until the annual statement arrives — not the entire deposit indefinitely
- Once the Nebenkostenabrechnung is final, any remaining deposit must be paid promptly
Silence for many months without explanation is a red flag. Document your move-out date and every follow-up email.
The Wohnungsübergabeprotokoll
The Übergabeprotokoll (handover protocol) is your best evidence. At move-out, walk through the flat with the landlord or Hausverwaltung and note:
- Meter readings (heating, water, electricity if relevant)
- Condition of walls, floors, fittings — take photos the same day
- Keys returned (how many, which types)
- Both parties sign; you get a copy
If the landlord refuses a joint protocol, send a detailed dated email with photos anyway. Weak documentation makes deposit fights harder months later.
What landlords may deduct
- Repairable damage beyond normal wear (holes, broken appliances you caused)
- Unpaid rent or charges clearly owed under the contract
- Your share of Nebenkosten after a valid annual statement
- Agreed renovation costs only if contractually valid — not routine repainting after normal tenancy
Deductions need evidence (invoices, quotes, handover notes). A lump sum "cleaning fee" without proof is often challengeable.
What they may not deduct
- Normal wear and tear (übliche Abnutzung) — light scuffs, faded paint from years of use
- Pre-existing defects noted at move-in but not fixed
- Full deposit held hostage until unrelated disputes are settled
- Illegal Nebenkosten items (see our Nebenkostenabrechnung guide)
- Retaining the entire deposit when only a small Nebenkosten top-up is possible
Letters you may receive
- Kautionsrückzahlung — partial or full refund with breakdown
- Einbehalt — landlord keeps part and explains why
- Warten auf Nebenkostenabrechnung — delay notice (check if the withheld amount is reasonable)
- Mahnung — if they claim you still owe money (dispute if wrong)
- Eventually Mahnbescheid if a real debt is disputed too long — rare but possible
How move-out links to other housing letters
Deposit return usually follows Wohnungskündigung or the end of a fixed term — not Eigenbedarfskündigung or Räumungsaufforderung unless those already happened. If you left under pressure, keep all termination letters; they affect timelines and evidence.
Disputing unfair withholding
Step 1: Request itemized deductions in writing (Einzelaufstellung) with invoices.
Step 2: Compare against Übergabeprotokoll and move-in documentation.
Step 3: Set a clear deadline for payment of the undisputed remainder.
Step 4: Contact a Mieterverein (tenants' association) — membership is cheap and they know local landlords.
Step 5: If needed, lawyer letter or small-claims path at the Amtsgericht — many deposit cases settle once formally challenged.
Interest and bank account closure
Interest on the Mietkautionskonto belongs to you. When the account is closed, the bank pays principal plus interest to you (minus lawful landlord claims if agreed). Make sure your current IBAN is in writing so refunds are not delayed.
When to get help
- No refund or explanation more than a few months after handover
- Landlord keeps 100% of deposit citing vague "repairs"
- Nebenkosten holdback seems far larger than any realistic bill
- You never got a handover protocol and the landlord invents damage
- Threat of Mahnbescheid or Inkasso over disputed amounts
Key terms glossary
| Mietkaution | Rental security deposit — max 3× Kaltmiete |
| Kautionsrückzahlung | Deposit refund after tenancy ends |
| Kaltmiete | Net rent without utilities |
| Mietkautionskonto | Separate deposit bank account |
| Wohnungsübergabe | Apartment handover when moving out |
| Übergabeprotokoll | Signed handover record — key evidence |
| übliche Abnutzung | Normal wear and tear — not chargeable |
| Einbehalt | Amount landlord retains from deposit |
| Nebenkostenabrechnung | Annual utility settlement — can delay partial refund |
| Mieterverein | Tenants' association — deposit dispute help |
| Hausverwaltung | Property management company acting for landlord |
Still not sure what your letter wants?
- ✓ Plain English breakdown of refund vs withheld amount
- ✓ Check whether deductions look lawful
- ✓ Link to Nebenkosten delay vs unfair holdback
- ✓ Draft follow-up letter to landlord in German
Last updated: June 2026