Rent Guarantees: How Parental Guarantees Work for Students

If your own income isn't enough for an apartment application, many landlords accept a guarantee (Bürgschaft), usually from parents, as extra security. If the landlord asks for the guarantee, the guarantor's liability is generally capped at a maximum of three months' cold rent. If it's offered voluntarily, without the landlord asking for it, that cap doesn't apply.

When a guarantee even comes up

Students without their own income, career starters still in a probation period, or people with a short self-employment history can't present the usual combination of payslips and an employment contract. Rather than rejecting the application outright, many landlords in these cases ask for additional security from a third party with sufficient income of their own — usually parents.

How a parental guarantee legally works

With a guarantee, the guarantor commits to covering rent debts or damages if the tenant themselves can't pay. In practice, landlords usually ask for a Selbstschuldnerische Bürgschaft: the landlord can turn directly to the guarantor if payment fails, without first having tried and failed to enforce against the tenant. With an Ausfallbürgschaft, by contrast, the guarantor is only liable once it's established that the tenant genuinely can't pay.

The legal cap and its exception

Section 551 BGB caps the total rental security a landlord may demand at three times the net cold rent. This cap applies to the deposit and the guarantee together: if a deposit of three months' cold rent is already in place, the landlord can't additionally demand a guarantee. The key distinction is between a guarantee the landlord demands and one offered voluntarily: if the guarantor offers it on their own initiative — for example, to improve their child's chances in a tight market — the statutory cap doesn't apply, and liability can be unlimited.

What guarantors should check before signing

Before parents sign a guarantee declaration, it's worth checking three things: whether it's a Selbstschuldnerische or an Ausfallbürgschaft, whether liability is limited in time or amount, and whether the guarantee was explicitly demanded or only voluntarily offered. An unlimited, open-ended guarantee can, under some circumstances, bind the guarantor for the entire tenancy, even if their own financial situation changes later.

Alternatives to a classic guarantee

If you can't find anyone able or willing to act as guarantor, you can turn to a deposit guarantee (Mietkautionsbürgschaft) from a specialised provider, where a financial services company stands in for the deposit in exchange for an ongoing fee. That replaces the deposit but not a guarantee the landlord additionally demands for ongoing rent. Another option is a higher voluntary deposit within the three-month limit, combined with additional proof of income like a student grant (BAföG) notice or a side-job contract, to reduce the need for a guarantee in the first place. Our guide to assembling a full application package covers how these pieces fit together.

Conclusion

A parental guarantee can offset missing income on an apartment application, but it's legally bounded once the landlord demands it. Checking beforehand whether it's a Selbstschuldnerische Bürgschaft and whether the three-month cap is respected avoids taking on unnecessarily broad liability.

Frequently Asked Questions

How large can a guarantee demanded by the landlord be?

If the landlord demands the guarantee, liability together with any deposit is capped at three months' cold rent under Section 551 BGB.

Does the three-month cap also apply to voluntarily offered guarantees?

No. If the guarantor offers the guarantee on their own initiative, without the landlord having asked for it, the statutory cap doesn't apply.

What's the difference between a Selbstschuldnerische Bürgschaft and an Ausfallbürgschaft?

With a Selbstschuldnerische Bürgschaft, the landlord can go directly to the guarantor. With an Ausfallbürgschaft, it first has to be established that the tenant genuinely can't pay.

Can a guarantee be demanded on top of a full deposit?

If the deposit already equals three months' cold rent, the landlord can't demand an additional guarantee on top, since total security is capped.

What are the alternatives if no one can act as guarantor?

A deposit guarantee from a financial services provider can replace the deposit. Additional proof of income, like BAföG or a side job, can also reduce the need for a guarantee.