Mietvertrag — Rental Agreement in Germany

A rental agreement (Mietvertrag) is binding from the moment of signing. German law strongly protects tenants (§§535 et seq. BGB) — it's worth knowing your rights before signing.

Basic Concepts

What MUST be in the contract?

✅ Landlord and tenant details ✅ Apartment address ✅ Kaltmiete ✅ Nebenkosten ✅ Deposit amount ✅ Start date ✅ Termination conditions

Mietpreisbremse — Rent Price Brake

In regions with tight rental markets (most major cities), rent for new tenancies cannot exceed the local Mietspiegel by more than 10%. The brake was extended by law until December 31, 2029. If the rent seems excessive — compare it to the Mietspiegel and you can request a reduction (Rüge).

Red Flags and Your Rights

❌ "Deposit before move-in" — you have the right to pay in 3 installments. Details: Kaution. ❌ Fixed repair schedules (Schönheitsreparaturen) — clauses with fixed schedules are invalid according to BGH; with normal wear and tear, you don't repair. ❌ "Haustiere verboten" — a complete ban on pets is invalid; small pets are always allowed, larger ones require permission (which cannot be refused without reason). ✅ Landlords CANNOT enter without notice. Support: local Mieterverein / Mieterschutzbund.

Types of Rent

• Staffelmiete — predetermined rent increases in successive years
• Indexmiete — rent linked to inflation (statistics office index)

Termination (§573c BGB)

• Tenant: always 3 months (to the 3rd working day of the month → ends 3 months later)
• Landlord: longer and only with justification (e.g., Eigenbedarf — personal need): 3 months for up to 5 years tenancy, 6 months after 5 years, 9 months after 8 years
• Termination always in writing

Utilities and Registration

Once a year you'll receive a utility statement — check the square footage and line items. Details: Nebenkosten. After move-in you typically have 2 weeks to register (Anmeldung); you'll need a Wohnungsgeberbestätigung from your landlord. Also remember the Rundfunkbeitrag fee (per apartment).

If rent exceeds your budget — check the housing allowance Wohngeld.