SECURITY DEPOSIT ( Kaution )
At the end of the tenancy, the landlord is required to pay the tenant the deposit as well as any interest earned on the deposit. However, the landlord may retain part of the deposit as necessary to repair any damage to the property caused by the tenant. In order to work out whether any of the deposit may be retained another Übergabeprotokoll must be filled in. On inspection of the property at the end of the tenancy the tenant and landlord agree and sign the Übergabeprotokoll. If any defects have been noted that were not stated in the initial Übergabeprotokoll, then the tenant is given a period of time in which to fix the defect. If the defects cannot be fixed then the landlord may retain part of the deposit.
Ending the Agreement
The normal notice period is three months for both the tenant and landlord. The notice period for both parties
extends by three months after 5, 8 and 10 years of continuous occupation of the property. A shorter notice period
for the tenant only can be agreed when the lease is signed. Tenants may also give shorter notice periods if the
landlord announces a rent increase or makes a refurbishment plan for the property that will lead to higher rent
payments. The landlord can end a rental agreement only under the following circumstances:
Without notice:
If the property is used consistently for non-agreed purposes
If the rent is unpaid for at least two months
If the tenant is consistently noisy and disturbs the neighbours ("disturbance of the calm of the
house", Störung des Hausfriedens)
With notice:
If the tenant has broken the conditions of the lease on a number of occasions
If the property is to be used by the landlord or a relative (Eigenbedarf)
If the landlord intends to modify the property in a major way and a continuation of the rental lease would
considerably hinder these plans