> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/mietkaution.md).
# Rental deposit
This page provides guidance on the rental deposit and on the parameters that can be set in the rental agreement assistant.
* The **statutory maximum limit** under Section 551 BGB is **three months' base rent** (net base rent excluding advance payments for operating costs).
* The tenant may pay the deposit **in three equal monthly instalments**, beginning with the start of the tenancy (Section 551 (2) BGB).
* The deposit has to be held **separately from the landlord's assets** (Section 551 (3) BGB). Immodio recommends the free rental deposit account from heykaution for this. You can open it 100% digitally in just **5 minutes**.
👉 [Open a free rental deposit account now\*](https://heykaution.de/?partner_id=10001\&utm_campaign=10001\&utm_medium=ppl\&utm_source=partner)
Immodio automatically calculates the **maximum permissible amount of the rental deposit** for you under Section 551 BGB. In Germany the deposit may amount to **no more than three months' base rent** (excluding advance payments for operating costs). This value is already pre-filled in the relevant field.
You can **adjust the amount individually** if needed. Please note, however:\
A deposit amount that exceeds the statutory maximum is **partially invalid**. The tenant can **reclaim the excess portion**, limited to the amount exceeding the permissible three months' rent [(see BGH, judgment of 03/12/2003 – VIII ZR 86/03).](http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh\&Art=en\&nr=28324\&pos=0\&anz=1)
## Automatic deposit entry after signing
As soon as everyone involved has signed the rental agreement, Immodio automatically creates an unpaid entry for the deposit agreed in the tenancy.
The entry appears under "[**Income and expenses**](/en/anleitung/einnahmen-und-ausgaben.md)" and remains visible there as unpaid until the deposit payment has arrived and has been recorded manually as paid. This means the deposit does not have to be created as an entry manually as well.
Providing the deposit
Through Immodio you can agree individually with the tenant how they can provide the deposit. Simply tick the relevant checkboxes:
If nothing specific is agreed in the rental agreement, the landlord has to invest the deposit with a credit institution at the interest rate customary for savings deposits with a three-month notice period; many credit institutions offer a separate rental deposit account for this. Through our partner heykaution you can also [open a free rental deposit account](https://heykaution.de/?partner_id=10001\&utm_campaign=10001\&utm_medium=ppl\&utm_source=partner).
**Cash payment**\
With "cash payment" the tenant hands the deposit amount to the landlord in cash; formally this is a cash deposit. The landlord is legally obliged to invest this money **securely and separately from their own assets** in an account (a **deposit account**) with a credit institution. The account must bear interest at least at the rate for savings deposits with a three-month notice period. The interest income accrues to the tenant but at the same time increases the deposit amount (Section 551 BGB). Through our partner heykaution you can [open a free rental deposit account](https://heykaution.de/?partner_id=10001\&utm_campaign=10001\&utm_medium=ppl\&utm_source=partner).
**Bank transfer**\
With "bank transfer" the tenant transfers the deposit amount to the landlord; formally this is likewise a cash deposit. The landlord is legally obliged to invest this money **securely and separately from their own assets** in an account (a **deposit account**) with a credit institution. The account must bear interest at least at the rate for savings deposits with a three-month notice period. The interest income accrues to the tenant but at the same time increases the deposit amount (Section 551 BGB). Through our partner heykaution you can [open a free rental deposit account](https://heykaution.de/?partner_id=10001\&utm_campaign=10001\&utm_medium=ppl\&utm_source=partner).
**Guarantee / rent guarantee**\
A rent guarantee (Mietaval) is a guarantee for the rental deposit in which a bank or insurer usually guarantees to the landlord that it will stand behind claims arising from the tenancy (for example rent arrears or damage) **up to an agreed amount**. The tenant usually pays a monthly fee for the guarantee (a guarantee commission). As the landlord you receive security in the form of a guarantee certificate.
**Pledged account**\
With a **pledged account** the tenant deposits the rental deposit in a **savings account set up specifically in their name** and pledges it in the landlord's favour. This gives the landlord a lien on the balance, but they cannot dispose of it freely. A written declaration of pledge is drawn up, which is held by the bank and by you as the landlord.
When the deposit is due
If a **cash deposit (bank transfer or cash payment in Immodio)** is agreed, the **tenant has the right** to pay it **in three equal monthly instalments** (Section 551 (2) BGB).
* The first instalment is due at the start of the tenancy.
* The second and third instalments are payable at the start of the second and third month of the tenancy respectively.
* The tenant is only in default if they fail to pay the relevant instalment with the rent for that month.
Repayment of the deposit
Once the tenancy has ended, the landlord is obliged under Section 551 BGB to **repay** the deposit provided by the tenant, provided **no claims** arising from the tenancy are outstanding. After the tenancy ends, the landlord has to state to the tenant within a reasonable period whether and which claims they are asserting against the tenant. An immediate right to repayment does **not** arise automatically when the tenant moves out.\
\
**Period for repaying the deposit**
* How long a landlord may retain the rental deposit after the tenancy ends depends on the specific circumstances of the individual case. As a general assessment, the courts usually allow the landlord a settlement period of **three to six months** (see Local Court of Munich, judgment of 07/04/2016 – 432 C 1707/16). In particular circumstances a longer retention can also be justified. This applies in particular where, for example, substantial claims for damages due to damage to the rented rooms are at issue on the basis of an expert opinion. Within this assessment period the tenant's claim to repayment of the deposit is generally not yet due.
**Retention for outstanding operating cost statements**
* The landlord is also entitled to retain a reasonable part of the deposit where a back payment of operating costs is still to be expected. The Federal Court of Justice has ruled that such retention can be permissible until the statutory settlement period expires (BGH, judgment of 18/01/2006 – VIII ZR 71/05). What is decisive for the permissible amount of the retention are the circumstances apparent at the end of the contract. If previous operating cost statements do not allow a reliable assessment of the expected back payment, an amount of **about three monthly** advance payments is often regarded as reasonable.
*\*Advertising: Immodio uses what are known as affiliate links, marked with an asterisk (\*). If you take out a product through such a link, Immodio receives a commission. No additional costs arise for you.*
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