Untermiete & Kaution / Subletting & Deposits

1 post in this topic

Dear TT,


Not sure if this is the right place to ask, so be kind if elsewhere is needed. 


I'm the main tenant of a new office space and in the process of finding a number of subtenants to use the space with me. I've been given permission by the Landlord (Untermieterlaubnis) to sublet the place, while remaining main tenant - so it's all legit. 


While working on drafting up the subletting contracts, I read online that asking for a deposit (Kaution) from each subtenant would mean I need to open up a separate account for these for the duration of their lease.


It seems like a lot of work and additional hassle - and ideally, I'd like to find a way to make this process as easy as possible for myself, while still abiding by regular practice and regulations. My question is as follows:


- What is common practice when it comes to managing deposits from multiple tenants? Is one supposed to open up a separate account for each? Would depositing them all together in a separate savings account of mine work?

- Alternatively, am I allowed to 'not' ask for a deposit (to thereby circumvent additional administrative work for myself in terms of managing these funds)? Is there anything I could put in the contract instead to bolster up my safety?


Thanks for your thoughts. 



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