It is recommended that you obtain a written rental agreement, although a verbal agreement is also legal for regular rent payments. Nevertheless, written rental agreements have been useful in avoiding trouble, since both parties can refer to concrete, written agreements.  The contract is binding with a signature.  Even if you have not moved in or furnished the new apartment, you cannot pull out at that point.

Beware of:

• Increased rent (an increase in rent is already established in the contract)
• Rental agreements with a fixed duration (here you are bound to a fixed period of time and cannot be released from the contract before it is over)
• Taking over furnishings (pay attention to the quality of the furnishings)

The landlord must hold the deposit separately from their own finances in a savings account with a normal date of termination. The deposit and the interest it has earned will be paid back at the end of the rental contract (student dorms are an exception, since no interest is earned on deposits there). 

The deposit should amount to no more than three months rent (excluding utilities) and can be paid in installments.  The first installment is due with the first month’s rent.  The deposit should be paid within six months of the end of the contract. 

The landlord has the right to retain an appropriate share of the deposit for rental payments still due or other necessary expenses (until 12 months after move-out).

We recommend creating a move-in checklist, which documents all defects or damages at the time of move in.  A detailed outline ensures security for both parties. The checklist should also contain any construction or renovation work on the part of the owner (including the date) as well as further details and arrangements (e.g. use of the basement).

If the apartment has damage, the tenant must comply with his/her duty of care (according to § 536c Article 1 of the federal law BGB). 

The tenant is required to immediately notify the landlord of any damages.  If this does not happen, you lose your right to a reduction in rent, and the landlord has the right to demand compensatory payment from you (Rent Reduction for Material and Title Damages, § 536c Article 2 BGB).

Notification of damages should be in writing with a full detailed description (type of damage, location, degree) and should include a specific deadline for repairs. In the event of substantial damage, a reduction in rent is possible. If the landlord is rude and neglects the damages, even though they are aware of the damages, you can seek compensation for the damages.

A reduction in rent is only permitted, if the landlord has not addressed the damages by the set deadline.  There is no specific calculation for rent reduction; the amount varies from case to case.  In principle, a reduction in rent is permitted until all the damage has been addressed (including final painting). If possible, an adjustment to the rent reduction should be made during the repair work.

Aesthetic repairs can be transferred to the tenant through the rental agreement.  If these aesthetic repairs are required within certain periods of time (e.g. every three years), complete obligation to aesthetic repairs is the obsolete/invalid.

It is sufficient if the contract states “in general” or “usually every three years.”  There is a rough guideline for the various types of rooms, and how often they should be renovated: kitchen/bathroom/shower: every three years; living room and bedroom: every five years; all remaining rooms: every seven years.  A table listing all of the deadlines for repairs in progress and obligatory final repairs is not available.

The following applies as a basic rule: only current, routine additional costs, determined in the rent contract, can be charged for. Operational costs that can be accrued as permitted in the rent contract are outlined in third third appendix of §27 of the second regulation for calculation.

Additionally, costs are traditionally capped in the form of an arranged monthly prepayment. The calculation of the additional costs must be made understandable and available at least within 12 months (up till) the expiration of the calculation period.  After this period, the landlord no longer has the right to any additional demands or claims (except if they are not responsible for the delay).

Pay attention to whether calculations correspond to the legal distribution list (e.g. per person, per square meter), that the individual costs correspond to the rental agreement, and that no hidden repair costs have been imposed on you.  As a tenant you have the right to view all receipts and expense reports, on which the additional costs are based.  If you would like to use this right, make copies of all the documents, so that the landlord does not need to show you the documents twice.

A raise in rent must be documented in writing and justified. Starting from the time you receive notification of an increase in rent, you have two months to decide whether you will accept the rent increase or not. If you do accept, then the raise in rent takes effect on the first day of the third month nach Erhalt der Mieterhöhung in Kraft. 

The landlord may decide to raise the rent, if the following three criteria are simultaneously met:

• The cost of rent was the same for one year.
• The rent increase is not above the rental index within your respective area.
• The cost of rent has not increased more than 20% in the past three years.
   

As a tenant you do not have the right to sublet your apartment or a part of your apartment without the landlord’s consent.  If you sublet without the landlord’s consent, they have the right to immediately terminate your rent contract without prior warning or notice.

If you wish to sublet your apartment, inquire with your landlord to see if they consent and to make sure there is no reason why you cannot sublet.  If your landlord does not give consent for you to sublet, you have the right to terminate your rent contract within the three month deadline, without giving a specific reason.

If you decide to live in a living community, put thought into whom you live with. If only one person signs the rent agreement, this person is the contact person for the landlord and is the only one responsible for making sure rent is paid and other contract agreements are carried out.  The other apartment mates are subletters from the main tenant. 

If all tenants sign the rent contract, they are responsible as a whole that the contract is fulfilled and the landlord is paid rent. The tenants are responsible for each other and responsible for any administrative matters.  Furthermore the rent contract can only be terminated if all the tenants wish to do so. This can be very complicated, since the mix of tenants can often change.

As a general rule, notices of termination are given at least three months prior, unless another, individual agreement has been made. 

Another exception are contracts for a limited period of time, student dorms, housing provided by seniors, and furnished rooms. 

For contracts made for a limited period of time, keep in mind that these agreements are only valid if there is a concrete justification for the contract to conclude. Without this type of reason, the rent agreement should be regarded as open-ended. 

Landlords have the right to the following dates for termination notification: for rent up to 5 years: 3 months before; 5-8 years: 6 months; over 8 years: 9 months (for those contracts that began before September 1, 2001: up to 12 months). 

However, there is a “new” type of rent contract for a limited period of time that does not allow the contract to be terminated for the first four years.  You should think about, whether you really want to sign a longer term rent contract.

When you move out you are required to undo any changes you have made to the apartment, unless you have made other arrangements with the landlord. 

Additionally it is helpful to have documentation and possible photos, in order to guard against any unfair claims from the landlord. 

We highly advise against signing any documents, with which you do not agree (e.g. assuming responsibilities for damages).  If you do sign, it allows the landlord to make claims for which you will responsible.

If you have already documented all existing damage in the apartment when you move in, you can provide the corresponding documentation and photos, proving you did not cause the damage.

All outlets in Germany are equipped for 220V, 50Hertz Amps, and plugs with two prongs.  Any necessary adaptors can be found in an electronics store.

Household garbage is separated in Germany, in order to recycle the materials.  Packaging material made out of plastic or metal goes in the yellow bin or yellow bag.  Paper and glass are separately collected.  Sometimes organic garbage, like food remains, is also separately collected.  The remaining trash goes in the grey bin. 

Trash is picked up once a week.  If you have questions, contact your landlord or other tenants.  Beverage bottles made out of glass or plastic are returned in stores, so that the deposit can be refunded.    

Further information on the topic of “housing” is available on the AStA website.