A parental rent guarantee (Mietbürgschaft) is for many students the route when landlords ask for security and a cash deposit is hard to raise. The parents commit to the landlord to stand in for your rent debts. They do not become tenants, but may be liable with their own assets. On the classic cash deposit see rent deposit for students (in German).
Kurz beantwortet: With a rent guarantee your parents secure the landlord. It must be declared in writing (section 766 of the Civil Code, BGB) and, as rent security, is capped at three months’ net rent (section 551 BGB). Your parents are liable regardless of any fault of yours if you cannot pay (last updated: November 2026).
Key points
- The guarantee is only valid if declared in writing and the document is handed to the landlord by the guarantor (section 766 BGB).
- As rent security it is capped at three months’ net rent (section 551 BGB).
- If a guarantee is demanded in addition to a permitted cash deposit, that agreement is void under section 551(4) BGB.
- The guarantee can cover enforcement costs and damages claims of the landlord.
- The parents are liable regardless of any fault of the tenant.
What is a parental rent guarantee?
With a guarantee the guarantor commits to the landlord to stand in for the tenant’s obligations (section 765 BGB). Your parents are therefore not parties to the lease, but providers of security. They only come into play when you fail to meet the landlord’s claims. The guarantee can replace the cash deposit, it is one of the permitted forms of rent security.
How high may the guarantee be?
As rent security, the guarantee is capped under section 551 BGB at three times the monthly rent, excluding operating costs shown as a lump sum or advance payment. The tenants’ association page speaks of three net rents (tenants’ association notes on guarantees, in German). A deviating agreement to the tenant’s disadvantage is void (section 551(4) BGB).
| Monthly net basic rent (assumption) | Maximum rent security (3 net rents) |
|---|---|
| 300 euros | 900 euros |
| 450 euros | 1,350 euros |
| 600 euros | 1,800 euros |
The amounts are a worked example of the three-month cap, not market prices. If the landlord demands more than that cap, you can have the clause checked.
Does the guarantee apply in addition to the deposit?
If a guarantee is agreed alongside a permitted cash deposit, the guarantee agreement is void from the start under section 551(4) BGB. If the guarantor offers a guarantee voluntarily and unprompted, however, it remains valid alongside the deposit. You should therefore clarify whether the guarantee is demanded instead of the deposit or in addition.
What formalities must your parents observe?
The guarantee is only valid if the declaration is made in writing (section 766 BGB, statute text, in German). The document must be handed to the landlord by the guarantor. A guarantee waiving the defence of prior enforcement (selbstschuldnerische Bürgschaft) must be agreed separately: the landlord can then go straight against the guarantor without first enforcing against you. The usual case is the default guarantee (Ausfallbürgschaft), where enforcement against you must fail first. Read the text together before signing and ask exactly which claims are covered.
What exactly are your parents liable for?
The guarantee generally also covers enforcement costs, meaning court, lawyer and enforcement costs. It can also cover the landlord’s damages claims, for example for omitted cosmetic repairs. The guarantor is liable regardless of any fault of the tenant. What matters is your ability to pay, which can vanish quickly, for example through job loss. The amounts can add up fast.
Worked example: how rent arrears take effect
Assumption: your net basic rent is 450 euros and the guarantee is capped at 1,350 euros. You fail to pay for three months. The landlord may turn to your parents, with a guarantee waiving prior enforcement without first enforcing against you.
| Item | Amount (assumption) |
|---|---|
| Arrears, three months of net basic rent | 1,350 euros |
| Possible cap of the guarantee (3 net rents) | 1,350 euros |
| Possible additional enforcement costs | case by case, covered by the guarantee |
The exact liability depends on the wording of the guarantee document. Have it checked before signing.
When does a parental guarantee come into question?
Landlords often ask students for extra security because they have no regular income. A parental guarantee can then help you get a flat without raising the cash deposit. It is not automatic, though: the landlord decides which security to accept, and your parents take a real financial risk. Talk openly before agreeing about the rent, the term and your financial situation.
What alternatives are there to a parental guarantee?
Besides the cash deposit, which you can pay in three instalments, deposit insurance may be an option, see deposit insurance instead of a cash deposit (in German). There you pay a premium instead of depositing money, and your parents are not liable themselves. Which option fits depends on what the landlord accepts and how robust your family’s finances are. Note that security as a whole is also subject to the three-month cap under section 551 BGB.
What happens to the guarantee after you move out?
How long the guarantee continues after you move out is determined by the wording of the guarantee declaration and the state of the landlord’s claims. Open utility bill settlements or damages claims may still have to be settled after moving out. After the flat handover, therefore, ask the landlord for written confirmation that no claims remain and that the guarantee document will be returned. On settlement after moving out see checking your utility bill (in German).
Frequently asked questions
Do my parents need an income for the landlord to accept the guarantee?
That depends on the landlord’s requirements and is not a statutory condition of the guarantee. What matters is that the declaration is made in the proper form (section 766 BGB).
Can my parents end the guarantee later?
Ending a guarantee depends on the wording and circumstances. The sources used contain no general rule, so it should be clarified before signing whether and how the guarantee ends.
Is a guarantee better than a cash deposit?
That depends on your situation. A guarantee preserves your liquidity but burdens your parents’ assets. The cash deposit is capped at three months’ rent and must be invested separately, see rent deposit for students (in German).
Are my parents still liable after I move out?
How long the guarantee lasts and for what is set by its wording. On getting security back after moving out see getting your rent deposit back (in German).
How to proceed
- Clarify with the landlord whether a guarantee is accepted instead of a cash deposit.
- Check that the three-month cap on net rents is not exceeded.
- Have your parents check the guarantee document with you, especially its scope and type.
- Your parents sign in writing and hand the document to the landlord.
- Pay your rent on time and tell your parents early if payment problems threaten.
Related guides
- Living while studying: rent, shared flats, dorms and housing benefit
- Rent deposit for students
- Getting your rent deposit back
- Rent arrears: what students can do
- Student Housing Benefit: Who Qualifies and How to Apply
Sources: section 551 BGB, section 766 BGB and tenants’ association notes on rent guarantees, 2026.
Last updated: November 2026. This guide is general information, not individual advice.
