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=S=> BGB 551. 1 If the lessee must give the lessor a security deposit for the performance of his duties , then this security deposit , subject to subsection ( 3 ) sentence 4 , may amount at most to three times the rent for one month , exclusive of the operating costs shown as a lump sum or as an advance payment .
=S=> BGB 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 .
=S=> BGB 551. 3 The lessor must invest a sum of money transferred to him as a deposit with a banking institution at the usual rate of interest for savings deposits with withdrawal notice of three months . The parties to the contract may agree on another form of investment . In either case the investment must be made separately from the assets of the lessor and the lessee is entitled to the income . It accrues to the security deposit . For residential space in a student hostel or a hostel for young people , there is no duty for the lessor to pay interest on the security deposit .
=S=> BGB 551. 4 A deviating agreement to the disadvantage of the lessee is ineffective .
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