Tenancy agreements and tenancy law
Your flat is your home – and your tenancy agreement gives you strong rights there. Here you'll find the most important rules from moving in to moving out in plain words, with the matching sections of the law and a quiz to think along.
The six modules
- Everyday contracts (BGB)Online
- Employment contracts and labour lawOnline
- Tenancy agreements and tenancy lawYou are here
- Family and custodyOnline
- Jobcenter, objections and disabilityOnline
- Traffic and insuranceOnline
Module 3: Tenancy agreements and tenancy law
Eight cards on the questions almost every tenant has at some point: deposit, mould, utility costs, rent increases, notice and moving out. Each card gives you the German legal term, so you recognise it in letters from your landlord.
1Tenancy agreement and handover record
When you move in and when you move out, record the condition of the flat in a handover record (Übergabeprotokoll): every scratch, every stain, with photos and the date. Also note the meter readings for electricity, water and heating. Both sides sign, and you get a copy. That way nobody can later blame you for damage that was already there. You don't have to pay for normal wear and tear from living there.
2Deposit: at most three months' basic rent, in three instalments
The deposit may be at most three months' rent without utility costs. You may pay it in three equal monthly instalments; the first is due at the start of the tenancy. The landlord must keep the money separate from her own assets, and the interest belongs to you. Any agreement that deviates from this to your disadvantage is invalid.
3Defects, mould, heating failure
Report a defect to the landlord immediately, ideally in writing with photos and a deadline for the repair. As long as the flat can only be used to a limited extent, the rent is reduced automatically by law. By how much depends on the individual case. So don't cut the rent on your own – pay it under reservation and get advice. If you don't report a defect, you can be liable for the consequential damage.
4Utility bill: the 12-month deadline
The landlord must deliver the annual statement of operating costs (Betriebskostenabrechnung) no later than twelve months after the end of the billing period. Example: the statement for calendar year 2024 must reach you by 31 December 2025. If it arrives later, the landlord can generally no longer demand back payment; you still get any credit. You have the right to inspect the receipts and can raise objections within twelve months of receiving it.
5Rent increases and the cap
The landlord can raise the rent up to the local comparative rent, for example according to the rent index (Mietspiegel). For this she needs your consent. You have time to think until the end of the second month after receiving the letter. Within three years, the rent may rise this way by at most 20 per cent, in cities with a tight housing market by at most 15 per cent – Leipzig and Dresden currently have the 15 per cent cap.
6Ending the tenancy: notice periods and personal use
As a tenant you can give notice at any time with a three-month period, without giving a reason. The notice must be on paper, signed by all main tenants, and reach the landlord by the third working day of a month at the latest. The landlord, on the other hand, needs a legal reason, for example personal use (Eigenbedarf). Her notice period rises to six months after five years of tenancy and to nine months after eight years.
7The landlord's spare key
Once the flat is handed over, it is your protected space. The landlord may not keep a key or enter the flat without your permission. For a visit, for example to read meters or for a repair, she arranges an appointment with you in good time. Only genuine emergencies, such as a burst water pipe, are different.
8Redecoration when moving out
If you took over the flat unrenovated and received no adequate compensation for it, a pre-printed clause obliging you to paint when you move out is invalid. Rigid intervals such as “paint every three years” also make such clauses invalid. Then you only owe a broom-clean flat (besenrein). Damage beyond normal wear and tear, however, you do have to pay for.
Quiz: test your knowledge
Twelve questions about renting a home. Tap an answer – then you'll see the explanation with the matching section of the law.
Question 1Before handing over the keys, the landlord wants the entire deposit of three months' basic rent in cash. What applies?
Correct.The right answer: You may pay the deposit in three equal monthly instalments. You have the right to three equal monthly instalments; the first is due at the start of the tenancy (§ 551(2) BGB). Any agreement deviating from this to your disadvantage is invalid (§ 551(4) BGB). Get a receipt for every payment or pay by bank transfer.
Question 2You come home and find the landlord standing unannounced in your living room – she kept a spare key. Is she allowed to do that?
Correct.The right answer: No, without your permission she may neither keep a key nor come in. With the tenancy agreement, the right to control the home passes to you; your home is protected by the Basic Law (Art. 13 GG). Entering without permission can even be trespass (§ 123 StGB). You can demand that all keys be handed over.
Question 3In February 2026, the utility bill for calendar year 2024 arrives in your letterbox. The landlord wants a back payment of 450 euros. What applies?
Correct.The right answer: The deadline ended on 31 December 2025 – she can generally no longer demand the back payment. The statement must reach you no later than twelve months after the end of the billing period (§ 556(3) BGB), so for 2024 by 31 December 2025. After that, a back payment is excluded – unless the landlord is not responsible for the delay. You are still entitled to any credit.
Question 4You have lived in your flat for ten years and want to move out. What notice period do you have?
Correct.The right answer: Three months – this period always applies to tenants. Tenants always have a three-month notice period (§ 573c(1) BGB). The longer periods of six and nine months only apply to the landlord. One exception is an agreed waiver of notice; it is valid for at most four years.
Question 5In January the heating fails completely and the room is down to 12 °C. What is the most important first step?
Correct.The right answer: Inform the landlord immediately, set a short deadline for the repair and pay the rent under reservation. Only reporting the defect secures your rights (§ 536c BGB). The rent is reduced by law as long as the heating is down (§ 536 BGB) – considerably for a total failure in winter. The exact amount depends on the case; if you pay under reservation, you can claim back what you overpaid later. You may only hire a company at the landlord's expense once she is in default with the repair or in an emergency (§ 536a BGB).
Question 6Your standard tenancy agreement says: “Keeping pets is prohibited without exception.” You'd like a hamster or an aquarium. What applies?
Correct.The right answer: The blanket ban is invalid; small animals such as hamsters or fish are allowed. A general ban on pets in a standard-form contract puts you at an unreasonable disadvantage and is invalid (§ 307 BGB). Small animals in usual numbers are part of normal living. For dogs and cats it depends on weighing up the individual case – ask first.
Question 7Three years ago you took over the flat unrenovated and without compensation. The contract says you must paint all walls white when you move out. Do you have to?
Correct.The right answer: No, the clause is invalid – you owe a broom-clean flat. If you take over an unrenovated flat without adequate compensation, a pre-printed clause cannot oblige you to redecorate (§ 307 BGB; Federal Court of Justice, VIII ZR 185/14). Real damage, such as holes in the tiles or garishly coloured walls, you still have to put right.
Question 8Your brother visits and stays with you for four weeks free of charge. The landlord demands a rent surcharge and wants to ban the visit. Is she allowed to?
Correct.The right answer: No, visits of up to about six weeks are allowed without permission or surcharge. Having visitors is part of the normal use of a home. According to established case law, stays of up to about six weeks are allowed without permission. Someone who moves in permanently is no longer a visitor – then the rules on subletting apply (§ 540 BGB).
Question 9After a break-up you want to sublet one room of your three-room flat to afford the rent. Do you need the landlord's permission?
Correct.The right answer: Yes, you have to ask – but you are entitled to permission if you have a legitimate interest. You need permission to sublet (§ 540 BGB). If a legitimate interest arises after the contract was signed, for example a break-up or a lower income, you are entitled to sublet part of the flat (§ 553 BGB). Give the person's name and your reason.
Question 10You want to give notice on your flat effective 31 August. By when must the signed notice reach the landlord?
Correct.The right answer: By the third working day of June at the latest – what counts is receipt. The notice must arrive by the third working day of a month for that month to count (§ 573c(1) BGB): June, July, August. Saturday does not count as a working day here. What counts is receipt, not the postmark – send your notice early, ideally by registered letter (Einwurf-Einschreiben), or hand it over with a witness.
Question 11You move out and the flat is in good order. When does the landlord have to pay back the deposit?
Correct.The right answer: After a reasonable checking period of usually three to six months; she may keep back a reasonable part for a pending utility bill. The landlord may check whether any claims are still open; according to case law, three to six months is usually reasonable. If the utility bill is still pending, she may keep back a reasonable amount until then. You get the deposit back with interest (§ 551(3) BGB).
Question 12From what level of rent arrears may the landlord terminate without notice?
Correct.The right answer: If you are behind by more than one month's rent on two consecutive due dates – or by two months' rent over a longer period. This is set out in § 543(2) No. 3 BGB (with § 569(3) BGB). If you pay all arrears no later than two months after an eviction claim is served, the termination without notice becomes invalid (grace period, Schonfrist) – this only works once in two years, and an ordinary notice given at the same time often remains valid. If you have payment problems, talk early and get advice: the Jobcenter or social welfare office can take over rent arrears.
What you can do now
- When you move in, photograph every room and write the meter readings into the handover record.
- Pay the deposit by bank transfer and keep the tenancy agreement, handover record and receipts together in a safe place.
- Report defects in writing straight away, with photos, the date and a deadline for the repair.
- Check the utility bill and raise any objections in writing within twelve months of receiving it.
- Sign your notice on paper and send it in good time by registered letter (Einwurf-Einschreiben).
Personal advice
Tenants' association (Mieterverein): for an annual fee, a tenants' association advises you on deposits, utility costs, rent increases and notice, often with legal expenses cover. You'll find the association in your city via the German Tenants' Association (mieterbund.de, in German).
Beratungshilfe (legal advice aid): on a low income, you can get an advice voucher from the local court (Amtsgericht) where you live. With it, a lawyer of your choice advises you for a personal contribution of usually 15 euros.
Rent arrears: the Jobcenter or social welfare office can take over rent arrears so that you keep your home. Talk early to your city's housing emergency advice service (Wohnungsnotfallberatung).
Sources
This guide gives you general orientation on German law. For your specific case, an advice centre or a lawyer is the right place to go.
