Did you know? These three facts about security deposit should be common knowledge
A move can really cost a lot of money. A landlord may also still require a deposit, making it tight in the wallet. Few people know: A deposit is not a must.
Most tenants and tenants must deposit a deposit when taking out a new lease. However, many people are not aware of the legal framework that this payment must adhere to. These three facts shed light on the matter:
Fact 1: A rental deposit may, but need not be agreed upon
Something may go wrong when renting a flat. Therefore, most landlords request a deposit from their tenants for security. However, this is not a legal requirement.
The Berlin Tenants' Association points out that tenants do not have to pay a deposit if there is no contractual basis for it - for example, due to a provision in the lease agreement. If the landlord requests security at a later date, they are coming too late.
Fact 2: The maximum feeling is three months' rent
The height of the rental deposit is legally capped. Landlords may not demand more than three months' rent. The advance payment for additional costs should therefore be excluded from the calculation. If the cold rent is 830 Euro and the warm rent is 990 Euro, the deposit may therefore not exceed 2490 Euro.
An increase at a later date - for example, due to rising rent or because the maximum amount was not fully exploited at the beginning of the tenancy relationship - is not permissible according to the Berlin Tenants' Association.
Fact 3: Normal wear and tear justifies no deposit retention
Normal wear and tear and signs of use are no reason for the landlord to retain money from the deposit. "Normal wear and tear typically includes color differences on walls due to pictures and light scratches on floor coverings," says Rolf Janßen from the DMB Renters' Protection Association Frankfurt am Main.
His tip: It may make sense to clarify before moving out whether it concerns normal wear and tear or damage beyond that, by having an inspection carried out by the liability insurance company in advance.
If you encounter legal questions about your rental deposit, consulting a guide on Rent Law or seeking advice from a courts can provide clarity. Regardless of any contractual agreement, a landlord cannot demand judgments exceeding three months' rent as a rental deposit. Tenants who believe their deposit is being unjustly retained due to normal wear and tear or signs of use can seek recourse through the courts. For a smooth rental agreement termination, it's beneficial to clarify any potential deposit disputes with the landlord by obtaining an inspection from a liability insurance company before moving out.
