Translators get to see a great deal of rental aparment contracts. Big ones, small ones, fat ones, skinny ones, unclear ones, long ones and badly restrictive ones. From preposterous airing regulations to old quiet time terms, from cold rent to hot water, here's what to expect when you exist with a tenancy contract for a flat in Germany. We're also delighted to assist in more information if you actually desire to know what you're entering into before you sign on the dotted line.

Almost half of the population in German rents, and till recently, it's been easy to see why. Rental rates have actually been fairly low-cost and conditions extremely favourable for lessees. Yet as lease prices soar in the huge cities and as smart residential or commercial property developers discover the altering conditions, Red Tape Translation has actually discovered rental agreements getting longer, stricter and scarier (not unlike the rental rates themselves!).

The elements of a rental contract

The contract

The Mietvertrag (agreement/ rental arrangement/ lease) itself consists of some important info such as

- the cost of your rent each month

• whether boosts are permitted, and if so, how they are managed
• the duration of the agreement
• the deposit quantity
• description of the space and any additional fittings or furniture pieces that might be consisted of
• who is responsible for repairs and damages
• how to cancel or extend it
• restoration work
• how to leave the house when you vacate
• your house rules
• the handover report
  
  Typical stipulations in German leases
  
  The expense of your rent
  
  There will be a Kaltmiete (cold rent - the simple expense of having the roofing over your head) and then there will be Nebenkosten (additional charges) such as Betriebskosten (operating costs for the structure like garbage disposal, stairwell cleaning) and Strom- und Heizkosten (heating and electrical energy expenses). Both the rent and the additional charges are typically determined or approximated according to the size of your apartment - the larger it is, the more you pay. Gas, electrical power and telephone agreements are generally the renter's organization, and it may be possible to pick your own providers.
  
  Something to keep in mind: the proprietor will frequently approximate the charges in advance and subtract them monthly. At the end of the year, you get a yearly declaration for running costs which exercises just how much whatever really DID expense. If you have actually paid excessive, you'll get the difference back. Utility agreements often work likewise: they estimate what you'll pay, subtract it monthly, and after that refund or charge the difference at the end of a particular duration.
  
  Rent increases
  
  There was a law introduced in 2015 called the Mietpreisbremse to stop lease boosts from getting out of control. It was adopted in more than 300 German cities. One of the rules is that a new rental agreement can't require rent of more than 10% of the typical price for a leased house in the area. But freshly developed apartments are not covered under this guideline, and modernisation steps also give proprietors wiggle room to increase the rate. Tip: Find out how much the previous renter paid, even if you have actually currently signed the rental contract. A property owner can't increase the price by more than 10% of what the previous tenant was paying (unless they do some modernisation that increases the value of the flat). If necessary, you might sign the contract to secure the flat and THEN chase after up the proprietor to get your lease minimized (perhaps with some legal support).
  
  Staffelmiete (stepped rent) means that the rent increases every year in line with inflation and the increases are secured for the next couple of years. There is no specific limit here - the boosts might be locked in for the next 3 or 5 or 10 years. If you're signing one of these, look out for for how long your dedication is before you can cancel - approximately 4 years is lawfully allowable. They can't increase your rent for a minimum of one year from signing.
  
  The period of the lease
  
  It may be a fixed-term agreement or it will be concluded for a limitless period. You might get a fixed-term contract if the proprietor is preparing to utilize the apartment themselves later down the track, or if it is provided. Fixed-term contracts can be hard to break early, so you'll be responsible to inhabit the location for the entire term, even if you desire to leave early, unless you can discover an appropriate replacement renter and your property owner concurs to this.
  
  The Kaution (Deposit)
  
  Landlords can ask you for 3 months cold lease as a down payment. The property owner has to save this money securely in an escrow account separated from his/her individual financial resources. If the cash accrues interest, the interest comes from the tenant and should be paid out when they abandon. It's not uncommon to hear expats questioning how to get their deposit back as soon as they've left the house, and being stunned that it takes months. The landlord has 6 months to return the deposit to you after you abandon, plus any interest the amount accrued, minus any arrearages for which you might be accountable, state for damages to the residential or commercial property or due to rent arrears. As appealing as it might be, you can enter into difficulty if you just keep your last 2 warm rental payments and tell your property manager to "keep the deposit".
  
  You'll find a good and very extensive guide to rental deposits at All About Berlin.
  
  Kündigung (Termination)
  
  The statutory notice period for terminating rental contracts as a tenant is three months. The longer you've lived in the apartment or condo, the more see your property owner needs to give you if they need you to vacate: three months if you've been there for fewer than five years, 6 months if you've been there for fewer than 8 years, as much as a maximum of nine months notification.
  
  Provision (Commission)
  
  You do not need to pay the broker, real estate representative or individual offering you a rental flat a commission anymore - considering that 2015, this has actually been illegal. Since the demand for rental residential or commercial properties is so high in huge cities, lots of people want to disregard and pay a commission anyhow to be favoured as an occupant.
  
  Housing guidelines
  
  These govern the behaviour within the structure and treatment of the residential or commercial property. You'll generally discover them held up on the wall inside the structure somewhere. Typical directions to be found in your home rules: whether you are allowed to have a clothing dryer in the house, when you are not permitted to make sound, whether you can keep pets, how to air and heat your apartment or condo correctly, how to utilize the bins properly etc. They are infamous for being stringent and pedantic to the point of outrageous, however you're expected to follow them. Whether you get away with vacuuming on a Sunday despite the statutory "peaceful time" may depend upon how unwinded your neighbours are and whether they grumble to the Hausverwaltung (housing administration).
  
  Operational costs regulation
  
  You may get some excerpts from the Operational Costs Ordinance connected to your rental agreement - these govern how landlords can charge tenants for all the things needed to make the structure function.
  
  Übergabeprotokoll (Handover report)
  
  You and the representative/ proprietor will inspect the house, and they will make notes of preexisting damages, repair work and the condition of the residential or commercial property. If you see a little hole in the wall, point it out, and they'll make a note of it. This is likewise an excellent time to check that the heating works, even in summertime. If the property owner has assured you repair work, make sure they were done or there's a visit reserved to have them done and get them listed in the handover report.
  
  How can I get assist with the fine print?
  
  I 'd more than happy to send you a quote to equate your whole rental contract. A 5-page rental agreement may cost 200 Euros, a 20-page lease is most likely to set you back around 800-1000 Euros, depending upon how intricate it is. If this is not realistic and you're under time pressure, send me the contract and I'll send you a quote for a visit to go through the bottom lines personally or over Skype, for around half the price of a written translation.
  
  Filed Under: Moving to Germany, Doing Business in Berlin, Transferring to Berlin, Moving to Munich Tagged With: agreements, guide, leasing
  
  Reader Interactions
  
  Comments
  
  1. Andreas Moser states
  
  January 25, 2019 at 11:32 pm
  
  I seem like this is the major and better version to my rant about renting in Germany: https://andreasmoser.blog/2018/05/28/rental-contracts/
  
  January 26, 2019 at 9:07 am
  
  Yes! Yes! Thanks for linking. I simply equated two rental agreements recently, one had its own annex specifically for airing that stated airing 4 times a day for no longer than 5-10 minutes, emphasized that tilting wasn't excellent enough, the window needed to be open totally. It went on and on about not permitting the walls to get cold. There were even exclamation marks and even a "wie gesagt" here and there.
  
  
  2. Heike Wheatly states
  
  June 21, 2020 at 10:03 pm
  
  Thank You for all of the great details. How would you set about including a stipulation for Lifelong Living rights to the Rental Agreement? I own a home in Germany and my Stepmom presently lives there. Her contract will be up next year however I would like to offer her long-lasting living right.
  
  Thank You
  
  June 30, 2020 at 1:21 pm
  
  I am unsure, however here's a directory site of English-speaking attorneys, in case you remain in Berlin. Even if you're not, they may be happy to speak with by phone. Cheers, Kathleen.
  
  
  3. Brian Pendergast says
  
  September 1, 2020 at 3:23 pm
  
  Thank you for the details. Do you know if it is legal to consist of furniture in the cost calculator of the Nebenkosten?
  
  September 9, 2020 at 10:40 pm
  
  I just did a quick check - proprietors can include an additional cost for furnishings, however there are limits - you can charge 2% of the value of the furnishings however it presumes total devaluation after 10 years. So it depends upon just how much the furnishings cost and likewise how old the furniture is. E.g if the furnishings cost 5,000 EUR and was brand-new at the time of the tenancy, the proprietor could charge 100 EUR monthly. There is a formula but it's late and my brain hurts. Here's the site I utilized.
  
  
  4. Jasper states
  
  March 7, 2021 at 10:00 pm
  
  Hi Kathleen! Thank you for your efforts. I was questioning if there's a template for the Mietvertrag?
  
  April 28, 2021 at 9:19 pm
  
  Oh you can find them all over the location. Just Google "Mietvertrag Vorlage".
  
  
  5. Christina G states
  
  March 15, 2021 at 1:57 pm
  
  We have a one year agreement/ lease with our flat. We are needed in the lease to offer a two month notification to terminate. My question is, if we were to provide the two month notification and leave before the end of the agreement term, are we still entitled to get our deposit back? And are we not needed to pay the staying months rent? We are preparing to leave two months early, so 10 months of the 12 month agreement to give context.
  
  April 28, 2021 at 9:15 pm
  
  If you offer 2 months notification, you can vacate earlier, however youll still have to pay the 2 months completely. This is unless you can negotiate with your landlord and get something in composing, e.g. by discovering a "Nachmieter" (brand-new occupant) to take control of those two months for you. You'll get your deposit back ultimately as long as everything is done contractually and you don't owe any money, but don't expect it to happen rapidly. It can take six months in some cases to see the money.
  
  
  6. Jody states
  
  June 21, 2021 at 6:29 am
  
  If the residential or commercial property land tax and residential or commercial property insurance coverage are not stated on the operating expenses in the rental contract, are we obliged to pay for them?
  
  September 10, 2021 at 7:08 am
  
  It's uncommon to hear of a tenant being charged residential or commercial property tax and residential or commercial property insurance. Those are costs that the owner normally covers. Whether the owner then considers those two costs when calculating the rental cost per square metre is another story, of course. I do not know whether the owner is entitled to consist of those things particularly in the operating costs or not. And if they are neither specified in the operating costs nor included in your cold rent, I would find it odd for you as the renter to then get those expenses. I 'd suggest that you sign up with the Mieterverein in your regional location and ask. Do not hesitate to report back, that is an odd one!
  
  
  7. Eunice states
  
  January 13, 2022 at 10:19 am
  
  Hi, my name is Eunice, I require a little help, we a house that we like but the agent told us that the property manager will offer us your house if we agree to live there for the minimum of 3 years, so we inquired to decrease it the 3 years the agent stated is the brand-new law and if we ought to break it, they will take our deposit. My concern now is, which law is that or is the representative trying to force to sign to a long lease.
  
  Reply
  
  - Kathleen Parker states
  
  February 23, 2022 at 4:13 pm
  
  Much to my surprise, this is acceptable. Minimum rental terms can be approximately 4 years. Here's more details.