Your guide to German rental laws and tenant rights

Get an easy grasp of your tenant rights in Germany and German rental laws in no time at all!

Marle

6 minute read

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Updated on 5 Aug 2024

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Renting

German rental laws can be somewhat confusing when you first move to the country. With so many rules and exemptions, it can be tricky to know your stance as a tenant. To help you understand the topic of tenant rights in Germany, this guide will help you understand what your rights as a tenant are in Germany and everything you need to know about renting in Germany.

As a tenant in Germany you have a set of rights even if they aren't outlined in your rental agreement. It's important to be aware of your tenant rights in Germany before you start exploring homes for rent.

1. Protection from eviction

As a tenant in Germany, you are under the protection of the law. This means you’re safe from sudden evictions. Every tenant in Germany is protected by the legal notice of contract termination of at least 3 months. The longer you reside in the apartment, the longer the notice period becomes. If you reside in your flat for 5 - 8 years, your landlord has to give you a 6-month notice, and for any period longer than that - a 9-month notice.

Additionally, your landlord can’t cancel your rental contract (Mietvertrag) without a legally valid reason (berechtigtes Interesse).

As a tenant, however, you can cancel an open ended rental contract at any time, as long as you give the landlord 3 months notice. The landlord does have the ability to start eviction proceedings if you don’t pay the rent for 2 or more months. So, if you’re having financial difficulties, make sure to talk to your landlord about it, to prevent that kind of escalation.

2. Right to privacy

Under German rental laws your landlord can't enter the property you're renting without notice and permission. Additionally, your landlord can visit only with a legitimate reason: to inspect the property when repairs need to be made or during move-in and the key handover at move-out. In cases of emergency, your landlord has the right to enter the property without prior notice.

3. Rights during major repairs

According to tenancy laws in Germany, your landlord is responsible for any major repairs of the property. If a damage occurs you need to inform your landlord in writing and give them ample time to solve this issue. You can withhold rent if they don't fix it but only in cases in which the damage is a threat to your health.

The landlord is responsible for repairing any cosmetic damages (Schönheitsreparaturen) such as painting the walls and radiators or changing the wallpaper. The responsibility can be transffered to the tenant only if it has been noted in the rental agreement and the property was renovated at the time of move in. Additionally, the landlord has to compensate the tenant for cosmetic work on the rental.

Tenants are responsible for minor repairs only if this has been outlined in the rental agreement. There is a limit of how much these repairs can cost, up to €100 at once and an additional annual cap.

4. Return of deposit in Germany

At the start of your tenancy, you pay a security deposit (Kaution) equal to up to 3 months' rent. The purpose of this deposit is to cover any damages to the property caused by you or unpaid rent. At the end of the rental period the landlord has between 3 to 6 months to return the deposit to you. The landlord has to store your security deposit in an interest-collecting account, separate from their other accounts.

To prevent paying for damages to your apartment and furniture made during your lease, we advise you to take up liability insurance.

At the beginning of the tenancy, you'll do a walkthrough of the property with the landlord to note already-existing damages. It's important to compile a list and take pictures as this proves you aren't responsible for any of the damages. Make sure the landlord signs the document with all the information in it.

One of the tenant rights in Germany is the right to a written agreement between you and your landlord. You’ll come across two major types of rental agreements in Germany: indefinite and fixed-term .

• Indefinite rental agreement Indefinite rental agreements in Germany (Unbefristet) have no termination date. That means that tenants can end their lease by providing a notice. However a landlord can only terminate a rental contract under specific circumstances.

• Fixed term rental agreement Fixed term rental agreements in Germany (Befristet) have move-in and move-out dates outlined in the contract. Neither party is obliged to renew the lease agreement after its expiration. You’ll often come across such agreements when looking for student accommodation in Germany.

In either case, keep in mind that minimum rental periods in Germany can be up to 2 years.

What is a rental contract in Germany?

Rental contracts in Germany are tenancy agreement between you and the landlord sets out all the details in written form - and with it, all rights and obligations of both parties. A rental contract should include the following aspects:

• Details of the tenant and landlord: the first name, surname and full address must be given
• Details of the rental object: the accommodation needs to be fully described
• General information such as an address, location, floor
• Rental conditions: rent including bills (Warmiete) or excluding bills (Kaltmiete)
• Utilities and operating costs (property tax, refuse charges, sewage)
• Inventory (if the flat is furnished): make sure that if something is broken, it’s written down here during the inspection
• The term in which condition the flat must be handed back
• Parking (if available)
• Deposit amount
• Rental start
• Rental payments
• Due date of payments
• Bank details
• Conditions under which the rent can be increased
• House rules

Now, do you suspect that your tenancy agreement contains some odd clauses? That’s one of the reasons you might want to reach out to the tenancy protection association (Mietschutzverein).

Just about every city offers its own tenancy protection association. However, if you can't find one on Google, simply call the German Rental Association directly (0221/94077-0) or write an email (info@mieterbund.de)

You can terminate a rental contract in Germany, as long as you provide your landlords with a 3 months notice period, unless your contract states otherwise.

To end your lease, you have to submit the notice by the 3rd of the month at the latest and can then move out in 3 months from that time. For example, if you give notice on 3 May, you will be out of the flat by 31 July (May, June, July).

To terminate your tenancy agreement, simply write a letter to the landlord and send it in written form and on paper (don’t send it by email, only a letter counts!). Explain the intention to terminate the lease and get it signed by the main tenant of the flat.

Depending on the landlord, you can also speed up the process a bit by looking for a new tenant who can move in earlier. However, you’ll first have to agree on this with your landlord.

Handing over accommodation in Germany

Once you hold the keys to your home in your hand and take a tour around with the owner, you're almost set! All that's missing is the official handover of accommodation. At this point, you will review the inventory (especially in the case of furnished flats), inspect and meticulously describe the state of the flat. Have a close look and write down whatever you notice.

As you saw above, a rental contract often has a clause that specifies the terms for the potential rent increase. But be mindful that German rental law states that the landlord can’t increase rental prices within the first 12 months.

The landlord is allowed however to increase the rent up to 15% within a 3 year period. But this increase should be justified. In fact, the tenant can refuse to pay the increased amount if they think the landlord is asking too much.

Your local tenant association is usually the right place to look for information about rental statistics in your area which you can base your decision on.

If there’s a critical malfunctioning or defect in your apartment, you are allowed to reduce your rent to compensate for the inconvenience. You can do that single-handedly and a court approval isn’t necessary. As long as the rent decrease is small and proportionate to the problem it should be approved without dispute.

To initiate this process, simply inform your landlord about the problem in writing and allow for adequate time to fix it. If your landlord doesn’t take any action, you’re allowed withhold rent if the problem critically affects your life.

However, before deciding to reduce or withhold your rent in Germany, we recommend first seeking advice from your local Tenant Association, or the Centre for Consumer Protection in Europe.

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