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When to pay the Kaution

11 posts in this topic

Posted

Hi everybody. This is my first post, I'm sorry if this has been covered previously. I did a search, but could not seem to find an answer to this question.

 

I will be coming to Munich from the US in March for 7-9 mo. I have found an apartment thru Mr. Lodge. We hope to sign the contract this week, but we will not arrive in Munich until March 10th. The apartment lease starts March 11 (we will stay in a Hotel for the first night).

 

My question is, when does the kaution get paid? Do you typically pay the kaution immediately upon signing the contract, or when you arrive and actually take the keys?

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Posted

When the lease starts.

 

This is regulated by the German Civil Code, section 551:

 


  • "(2) If security is to be provided in the form of a sum of money, then the lessee is entitled to pay in three equal monthly instalments. The first instalment is due upon commencement of the lease."

 

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Posted

I'm a landlord, and the lease is verified when the kaution is paid. If somebody reserves a place for 1 month in the future, I take it off the market when I get the Kaution. Otherwise very easy for people to change their mind if they find a better place in the mean time.

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Posted

 

I have found an apartment thru Mr. Lodge.

 

Take a photo of your Money.. as its probably the last you will see of it!

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Posted

i onley ever hand over the kaution when i take possession of the keys.I prefer to actually hand over the kaution inside the apartment i will be moving in to and also do not forget to get a receipt of payment.On this occasion i agree with Spiderpig

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Posted

It is required by law that kaution should be put to a separate joint account, to which the landlord don't have any access, but their permission is required to release the money at the end of the lease (google "Mietkautionskonto"). Given this, there is no option of paying kaution directly to the landlord, this is forbidden. And as you need some time to set up this account, it is normal to pay kaution within the first couple of days after handling the keys.

 

See also: http://www.toytowngermany.com/wiki/Apartment_rental

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Posted

Thank you everybody. I will take all of this information into consideration. SpiderPig and Mik Dickinson, I fear that you are correct in your warning.

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Posted

In Munich it is in general in 4 steps

 

1. Meeting the landlord (or an agency that is in charge, or the actual tenant) on the location. Fill out a

"Selbstauskunft", this is a paper with info about you, signed by yourself

2. Decide for the place and sign a contract with the landlord (or the agency)

3. You´ll get the keys and you move in

4. You pay the caution and the first months rent

 

I don´t know about the process at Mr. Lodge. I do believe they´re serious, so they will possibly charge you a small amount. So in case you decide to jump off, they got their costs even. You could also ask them if you got to pay caution and first month in full before entering the country.

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Posted

Having looked for apartments in Munich quite recently myself, I would caution you against any one of the rampant scams perpetrated by overseas confidence men. For further reading. Some of the obvious warning signs you should look out for

 

  • Lives abroad and claims they had purchased the apartment for their son/daughter who has now finished studying
  • Speaks no German
  • Suggests conducting the transaction through a 'neutral third party'

 

While this may not be the case for you, since getting apartments generally in Munich is tough and competitive, I thought it is worth mentioning.

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Posted

German Texas Girl,

 

siskebap is correct. You meet the landlord/apt. first, then you sign the lease, takeover the apt. and then pay the first month rent from your account into the landlords. The deposit has to be put in a savings account that is specific just for the deposit. It is called a Mietkautionssparbuch. It takes approx. 1 week between you applying, money is put in and then you receive it in the mail, so plan accordingly. You give that savingsbooklet including a form that comes with it to the landlord, she/he signs it and you keep it. That is your receipt that she received the booklet.

There is another form in it that you and the landlord need if you ever move out. Both of you have to sign that form, you send it back to your bank and the money is released back to you (if you have a regular checking acct. where you get it they just refund it back to that).

 

Something else a lot of people don't know is that if your deposit is 2 or 3 month of your net rent, you don't have to pay the entire 3 months plus the first month rent to move in. You can pay the deposit in 2/3 equal installments every month. But if you want to do it the correct way, go with the Kautionssparbuch, it is a safer way plus you receive interest.

 

It is very hard to find a place from another country, but do NOT release any funds until you are at the location and know that it is the real thing and that you actually be able to rent a place.

If you need any other help, feel free to pm me any time.

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Posted

To stress Panda Munich´s answer above on this practically significant question for many Toytowners about to rent (new)accommodation: The law grants the tenant the right to pay the deposit in three equal installments. The commencement of the lease, that is to say, the point in time when payment of the first installment is due, is distinct from the date of signing the contract. Usually it coincides with the handover of the keys. This privilege of paying in installments cannot even be detracted from by agreement such as a term in the contract demanding full payment on day one. Reading the law you will find that it only mentions when the first installment is due. What about the next two installments? Shortly (April or May 2013 depending on its promulgation) a reform bill changing some aspects of lease law will come into effect. Among its changes is an addition of a second sentence to Section 551 Para 2 BGB spelling out that the other two installments are due along with the dates for payment of the second and third monthly lease respectively. This is reflecting mainstream legal consent. In this overall context it is worth mentioning another amendment that the reform bill entails. A new Section (569 Para 2a BGB) is going to formally stipulate that being in arrears with the payment of the deposit warrants an extraordinary termination. A prior warning is not needed. The amount in arrears must be equivalent to two months of the stipulated monthly lease in most cases excluding running costs. However, there is the possibility to nullify the termination on extraordinary grounds if the open deposit amount is being paid within two months after being sued for eviction.

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