Who pays for the broker?
Since 2015, Germany has implemented the Bestellerprinzip (ordering principle):
Whoever orders the broker, pays.
Apartment Rental
- If the landlord hired a broker → landlord pays
- If you're searching through a broker → you pay (rare)
In practice: For private apartment rentals, tenants typically do NOT pay commission.
Buying an apartment/house
Rules are different here:
- Commission split 50/50 between buyer and seller
- Or only seller pays (depends on region)
| Region | Typical Commission |
|---|---|
| Hamburg | 6.25% (3.125% each) |
| Berlin | 7.14% |
| Bavaria | 7.14% |
| NRW | 7.14% |
How much is the commission?
Rental:
- Maximum 2 months' cold rent + VAT
- Approximately ~2.38 months' net rent
Purchase:
- 3-7% of purchase price + VAT
- Depends on region
When do you NOT pay commission?
- Rental through SAGA/GWG (Hamburg)
- Directly from owner (private)
- Listings marked "provisionsfrei" (commission-free)
- Housing cooperatives
Protection against fraud
Red flags:
- Commission before apartment viewing
- Commission for just viewing
- No written contract with broker
- Commission for rental from private owner
Your rights
- Broker must have a written contract with you
- Commission is due only after signing rental/purchase agreement
- You can negotiate commission amount
Editorial hamboorg.city · As of: April 2026 · Carefully prepared, regularly updated. Content is informational and does not replace legal advice.