§ 59

The landlord may, at the commencement of a tenancy agreement for residential apartments and single rooms, require a deposit not exceeding an amount equivalent to 3 months' rent. This amount serves as security for the tenant's obligations upon vacating the premises.

Stk. 2.In sublease agreements, the tenant may choose to provide security in the form of a bank guarantee or a balance in a separate escrow account instead of a deposit, both at the time of entering into the lease agreement and during the lease period.

Stk. 3.Additionally, at the commencement of the tenancy, the landlord may require rent to be prepaid for a period of up to 3 months, provided that the prepaid rent does not exceed the rent payable during the period from when the tenant terminates the lease until the tenancy ends. In this context, prepaid rent refers to the amount that remains paid to the landlord immediately before the agreed payment terms. If the lease agreement is terminated or canceled, the tenant may offset the prepaid amount mentioned in the first sentence against the final part of the rental period.

Stk. 4.The deposit is a mandatory monetary obligation in the tenancy, cf. § 182, nr. 1. If the tenant has chosen to provide security in the form of a bank guarantee or a balance in an escrow account instead of a deposit, the rules for mandatory monetary obligations apply correspondingly, cf. § 182, nr. 1.

Stk. 5.The Rent Tribunal may permit deviations from stk. 1-3, provided that proper security is furnished for the tenant's repayment claims, cf. § 17, stk. 1, 2nd sentence.