German rental contracts (Mietvertrag) can be complex, especially if you're new to Germany. This comprehensive guide explains everything you need to know about tenant rights, costs, and obligations.
Key Terms You Must Know
Kaltmiete (Cold Rent)
Base rent without utilities. This is the main monthly payment to your landlord.
Nebenkosten (Additional Costs)
Covers heating, water, garbage, building maintenance. Usually €2-4/m² per month.
Warmmiete (Warm Rent)
Kaltmiete + Nebenkosten = Total monthly payment
Kaution (Security Deposit)
Maximum 3 months' Kaltmiete. Must be returned within 6 months after move-out.
Kündigungsfrist (Notice Period)
Minimum 3 months for unlimited contracts. Must be given by the 3rd working day of a month.
All rental contracts in Germany must be in writing to be valid for periods longer than 1 year.
Types of Rental Contracts
1. Unbefristeter Mietvertrag (Unlimited Contract)
Most common type. No end date. Can be terminated with 3 months' notice.
- Pros: Long-term stability, rent increase limited by law
- Cons: 3-month notice period to leave
2. Befristeter Mietvertrag (Fixed-Term Contract)
Has a specific end date. Landlord must have valid reason (Zeitmietvertrag).
- Valid reasons: Personal use, major renovations, selling property
- Warning: Cannot be terminated early without both parties' agreement
3. Untermietvertrag (Sublease)
Renting from a tenant, not the landlord. Requires landlord's written permission.
Understanding Your Monthly Costs
What's Included in Nebenkosten?
- Heating (Heizkosten)
- Water and sewage
- Garbage collection
- Stairwell cleaning
- Building insurance
- Property tax (Grundsteuer)
What You Pay Separately
- Electricity (Strom) - you choose provider
- Internet and phone
- GEZ (TV/radio tax) - €18.36/month per household
You receive this once per year. If you underpaid Nebenkosten, you must pay the difference. If you overpaid, you get a refund.
The Security Deposit (Kaution)
Rules
- Maximum: 3 months' Kaltmiete
- Can be paid in 3 monthly installments
- Must be kept in separate interest-bearing account
- Interest belongs to you
Getting It Back
- Landlord has up to 6 months to return it
- Can deduct for damages beyond normal wear and tear
- Must provide itemized list of deductions
Your Rights as a Tenant
Protection from Eviction
Germany has strong tenant protection. Landlord can only terminate for:
- Unpaid rent (2 months in arrears)
- Severe damage to property
- Personal use (Eigenbedarf) - with 3-9 months notice
Rent Increases
- Limited to 20% over 3 years (15% in some cities)
- Cannot exceed local Mietspiegel (rent index)
- Must wait 15 months after last increase
- Requires 3 months advance notice
Repairs and Maintenance
- Landlord's responsibility: Major repairs, building structure, heating system
- Tenant's responsibility: Minor repairs under €100-150 (if stated in contract)
Important Contract Clauses
Schönheitsreparaturen (Cosmetic Repairs)
Who pays for painting, wallpapering? Often disputed. Recent court rulings favor tenants.
Kleinreparaturklausel (Small Repairs Clause)
Tenant may pay for small repairs up to €100-150 per repair, max €200-300 per year.
Indexmiete (Index-Linked Rent)
Rent increases automatically based on inflation index. Legal but less common.
Staffelmiete (Graduated Rent)
Pre-agreed rent increases at specific dates. Must be written in contract.
Some common clauses are legally invalid: Complete ban on pets, mandatory professional cleaning when moving out, automatic contract renewal.
Moving In - Wohnungsübergabeprotokoll
Move-in protocol is crucial:
- Document all existing damages with photos
- Check all appliances, heating, water
- Note meter readings (water, heating, electricity)
- Get landlord's signature
- Keep your copy safe
Moving Out
Notice Requirements
- Must be in writing (registered mail recommended)
- Delivered by 3rd working day of the month
- 3 months' notice for tenants
- Landlord's notice period increases with tenancy length
Returning the Apartment
- Check your contract for renovation requirements
- Remove all personal belongings
- Clean thoroughly
- Schedule Übergabetermin (handover appointment)
- Return all keys
Summary Checklist
Before Signing:
- ✓ Read entire contract carefully
- ✓ Verify Kaltmiete and Nebenkosten amounts
- ✓ Check Kündigungsfrist (notice period)
- ✓ Understand Kaution terms
- ✓ Look for invalid clauses
After Signing:
- ✓ Get your copy of signed contract
- ✓ Register address (Anmeldung) within 14 days
- ✓ Set up electricity and internet
- ✓ Pay GEZ if applicable
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