Is there a maximum limit for the security deposit?
March 1, 2024 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
I am writing to you as a tenant of an apartment with a question regarding the rental deposit. My name is Emilia Mühlberg and I recently moved into a new apartment. When signing the rental agreement, a rental deposit equal to three months' rent was agreed upon. However, I have heard that there is a legal maximum limit for rental deposits.
I am concerned that the agreed rental deposit may be too high and I am wondering if there is indeed a legal limit on the amount of the rental deposit. If so, I would like to know what this limit is and if it is possible to adjust the already paid deposit accordingly.
Furthermore, I am interested to know if there are any possibilities in my specific case to reduce the rental deposit or to amend the agreement with the landlord. I want to ensure that I do not have to deposit more than is legally allowed as a rental deposit and at the same time protect my rights as a tenant.
I would greatly appreciate a detailed response to my questions. Thank you in advance for your assistance.
Sincerely,
Emilia Mühlberg
Dear Mrs. Mühlberg,
Thank you for your inquiry regarding the security deposit in your new apartment. It is understandable that you are concerned about the amount of the deposit and want to ensure that it complies with legal regulations. I would like to provide you with all relevant information on this topic.
Indeed, there is a legal limit for the amount of the security deposit in Germany. According to § 551 para. 1 BGB, the deposit may not exceed three times the net cold rent. It is important to note that the net cold rent refers to the rent without operating costs. In your case, with an agreed deposit of three months' rent, this corresponds to the legal maximum.
However, it is important to know that it is also possible to negotiate an individual agreement with the landlord regarding the security deposit. If both parties agree to a higher deposit, this is generally permissible. However, the total deposit must not be unreasonably high and must not exceed the legal limit.
If you believe that the agreed deposit is too high and would like to reduce it, you can discuss this with your landlord. A subsequent adjustment of the deposit is generally possible if both parties agree. It is important to document all changes in writing to avoid misunderstandings later on.
If you are unsure whether the agreed deposit is reasonable or if there are ways to reduce it, I recommend seeking advice from an experienced attorney specializing in tenancy law. An attorney can provide you with individual advice and help clarify your questions and concerns.
I hope that I have been able to assist you with this information and am available for any further questions. Thank you for your trust and all the best for your new apartment.
Sincerely,
Oliver Hentschel
Attorney specializing in tenancy law
