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Signing the rental contract (Mietvertrag) is the most important step of finding a home. Many later problems, such as disputes over service charges or the return of the deposit, go back to this document. Read it carefully before signing, and if something is unclear, ask or get help from a tenants’ association (Mieterverein).
Base rent, service charges and total rent
- Kaltmiete (base rent): the net rent without service charges.
- Nebenkosten (service charges): water, waste, stairwell cleaning, gardening, building insurance and so on; usually as a monthly advance payment with an annual statement (Nebenkostenabrechnung).
- Heizkosten: heating costs; sometimes included in the Nebenkosten.
- Warmmiete: the total of base rent, service charges and heating; this is the amount you pay monthly.
The annual statement may bring a debt or a credit; so keep some savings. The landlord must provide the statement at most 12 months after the end of the accounting period.
Deposit (Kaution)
The deposit is a security for possible damage or rent arrears. Its legal limit is three times the Nettokaltmiete and you may pay it in three monthly instalments. The landlord must keep it separate from their own assets and with interest. Common options: a deposit account (Mietkautionskonto) in your name or a bank/insurance guarantee (Kautionsversicherung). After the contract ends and the flat is handed back, the landlord normally has to return it within a few months (after deducting justified claims).
Clauses to read carefully
- Contract term: open-ended (unbefristet) or fixed-term (befristet). A fixed-term contract is allowed only in specific legal cases.
- Graduated rent (Staffelmiete) and index-linked rent (Indexmiete): show how the rent will rise in future.
- Cosmetic repairs (Schönheitsreparaturen): strict clauses are sometimes void; seek advice if in doubt.
- Handover (Übergabeprotokoll): when moving in, note and photograph every defect in the handover protocol. This document protects you at the end of the contract.
- Kitchen and furniture: specify what comes with the flat (Einbauküche) and who is responsible for repairs.
Rent increases and limits
In areas where the housing market is tight, the “rent brake” (Mietpreisbremse) limits the rent of a new contract to about 10 percent above the local reference rent, with exceptions such as newly built buildings. This rule has been extended or is being extended; for the exact situation in your city, consult the city website or a tenants’ association.
Termination and address registration
A tenant can usually terminate an open-ended contract in writing with three months’ notice. After moving in you must register your address within 14 days at most; for this you need the landlord’s confirmation (Wohnungsgeberbestätigung): Anmeldung guide.
Further guide: renting a flat in Germany.
