Rent deposit rules (Mietkaution)
An Iranian tenant has the same residential deposit protections as other tenants in Germany. A required Mietkaution is generally capped at three months’ rent excluding operating costs. A cash deposit can be paid in three equal monthly instalments.
Step by step
- Check the amountCompare the requested deposit with the statutory limit and your rent excluding operating costs.
- Arrange and record paymentUse your instalment right for a cash deposit if needed, and keep proof of payment and the agreed deposit arrangement.
The first instalment is due at the start of the tenancy, followed by the next two with the immediately following rent payments. Check the deposit clause and calculate the limit without separately stated operating costs.
The landlord must keep a cash deposit separate from personal assets. The usual statutory investment rule provides interest for the tenant; another investment form may be agreed. Student and youth residences have an exception to the interest obligation. Terms that worsen the tenant’s protection under § 551 are ineffective.
Sources
- BGB § 551 · Bundesministerium der Justiz und Bundesamt für Justiz
