Mietvertrag — Apartment Rental Agreement

Basic Concepts

What MUST be in the agreement?

✅ Landlord and tenant details
✅ Apartment address
✅ Rent amount (Kaltmiete)
✅ Utility fees (Nebenkosten)
✅ Security deposit amount
✅ Start date of tenancy
✅ Termination conditions

What to watch out for?

🚨 Red flags:

❌ "Kaution muss vor Einzug gezahlt werden" (deposit before move-in) — You have the right to pay in 3 installments!
❌ "Renovierung bei Auszug" (renovations upon move-out) — If it wasn't required at move-in, you don't have to do it
❌ "Haustiere verboten" (pets forbidden) — Small pets (fish, hamsters) are always allowed
❌ Rent significantly higher than average in the area (check Mietspiegel)

✅ Your rights:

• Security deposit max 3× Kaltmiete
• Deposit can be paid in 3 installments
• Rental termination is 3 months (for you), longer for landlord
• Landlord CANNOT enter the apartment without consent
• You have the right to Mieterschutzbund (tenant protection)

Security Deposit (Kaution)

• Maximum 3× Kaltmiete
• Landlord MUST hold it in a separate account
• Refund within 6 months after move-out
• Landlord can deduct only for damage (not normal wear and tear!)

Nebenkostenabrechnung

You receive a utility bill settlement once a year. Check:
- Whether the square footage is correct
- That you're not charged for facilities you don't have (e.g., elevator on ground floor)
- You have 12 months to file a complaint!