What is a security deposit?
A security deposit is a form of advance payment – an amount paid before a particular contractual relationship begins. In the case of letting, we are talking about a refundable security deposit, which may be no more than three times the monthly rent.
What is a security deposit for?
A security deposit serves as protection for the landlord if the tenant fails to pay rent or causes damage to the property. In the event of damage to the flat's furnishings, the deposit provides funds for their repair or replacement.
Security deposit or guarantee?
The security deposit (guarantee) and the right to payment of a contractual penalty must not exceed three times the monthly rent, excluding advance payments for utilities, in total (§ 2254 of the Civil Code). At the end of the tenancy, the security deposit is settled after deducting any tenancy-related debts, and the tenant is entitled to interest from the date it was provided.
You can read the exact wording of § 2254 of the Civil Code below:
“At the end of the tenancy, the landlord returns the security deposit to the tenant, after deducting any amounts the tenant may owe under the tenancy. The tenant is entitled to interest on the security deposit from the time it was provided, at least at the statutory rate.”
Why is a tenant entitled to interest on a security deposit?
In effect, the tenant is lending money to the landlord. During the tenancy, the tenant cannot use these funds and their value therefore diminishes, particularly over a period of several years. The principle is fair, but its implementation may not be. The problem is the level of interest, which has recently been very high, and an ordinary landlord is nowhere near able to achieve comparable returns.
The security deposit as a loan
From a legal perspective, the security deposit is treated as credit provided to the landlord. This interpretation may make sense from the tenant’s perspective, but it is less logical from the owner’s point of view. The real purpose of this money for the owner is not a loan; they would probably never take out such credit themselves. After all, the security deposit serves as protection against potential arrears and damage caused by the tenant. On the other hand, it is fair to pay the tenant a return on their funds so that they do not lose out.
How to calculate interest on a security deposit
The amount of interest requires an assessment of the specific agreement and the applicable rules. The range of lending rates alone does not determine the rate for a particular security deposit.
You can read the exact wording of Section 1802 of the Civil Code below:
“Where interest is payable and its amount has not been agreed, the debtor shall pay interest at the rate set by legislation. If the interest is not set in this way, the debtor shall pay the usual interest charged on loans provided by banks at the debtor’s place of residence or registered office at the time the agreement was concluded.”
How do you calculate the amount of a security deposit?
The security deposit depends on the amount of rent. It may be no more than three times the monthly rent.
Security deposit interest calculator
Interest can be estimated using an entered rate and period. Determining the legally applicable rate is a separate matter; without it, no universally binding result can be provided. Below, we set out a model approach and its limitations.
What can be calculated is the ideal level of rent. You can use our market rent calculator, which monitors public listings across the entire market.