When you rent a property, the landlord often asks for a security deposit – usually referred to as a deposit. This amount serves as a guarantee for any rent arrears or damages. But how much deposit can a landlord actually ask for? And what can you do if you think the deposit is too high?

The rental law lawyers from Arslan Lawyers explain what the rules are and what you should pay attention to.

Legal framework: no hard upper limit, but reasonableness

The law does not state an exact maximum for the amount of the deposit. However, a landlord may not ask for an unlimited deposit. The amount must be reasonable.

• In the social rental sector, usually a maximum of 1 month’s rent is asked.

• In the free sector, we often see 1 to 2 months’ rent.

• Excessive deposit, for example 4 to 6 months’ rent, can be considered unreasonable and thus invalid by the court.

Practical examples

• Student rooms: when renting a room, usually 1 month’s deposit is asked. A landlord who demands 3 months runs the risk of this being labelled as unreasonable.

• Apartment in the free sector: landlords often ask for 2 months’ deposit. This is considered reasonable in most cases.

• Expats or temporary rent: sometimes a higher deposit is asked, for example 3 months. This can only be if there is a good reason for it, such as an increased risk or a short rental period.

When is a deposit too high?

A deposit can be too high when:

• the amount bears no relation to the rent;

• the deposit seems to be intended as a threshold or an additional source of income for the landlord;

• there is no clear reason for the amount.

In that case, the tenant can go to court to challenge the deposit.

What can you do as a tenant?

1. Request an explanation in writing as to why a high deposit is being asked.

2. Object if you think the amount is unreasonably high.

3. Pay under protest if you still want to rent the property and later go to court.

4. Engage a rental law lawyer to secure your position.

Checklist for tenants

• 📄 Check that the deposit is not higher than 2 months’ rent.

• 📑 Always ask for written confirmation of the deposit payment.

• 🔍 Consider alternatives, such as a bank guarantee.

• 📞 Consult a lawyer in good time if you have doubts about the reasonableness.

Frequently Asked Questions (FAQ)

1. Is there a legal maximum for the deposit?
No, but the deposit must be reasonable. 1 to 2 months’ rent is often considered normal.

2. Can a landlord ask for 6 months’ deposit?
This is almost always unreasonable and can be reversed by the court.

3. Can I pay the deposit in installments?
This is sometimes negotiable, but the landlord does not have to agree.

4. What if I can’t afford the deposit?
Discuss with the landlord whether there are alternatives, such as a guarantor or bank guarantee.

Conclusion

A landlord can ask for a deposit, but the amount should be reasonable. In most cases, it is 1 or 2 months’ rent. If more is asked, you can challenge this.

The rental law lawyers of Arslan Lawyers assist you in disputes about deposits and ensure that you do not pay more than is reasonable.