From a73e2ae701aa07ae57b4a41fd42228472207a2f8 Mon Sep 17 00:00:00 2001 From: Christine Ziegler Date: Wed, 20 Aug 2025 05:24:17 +0300 Subject: [PATCH] Add 'A Guide to Rental Contracts In Germany' --- A-Guide-to-Rental-Contracts-In-Germany.md | 83 +++++++++++++++++++++++ 1 file changed, 83 insertions(+) create mode 100644 A-Guide-to-Rental-Contracts-In-Germany.md diff --git a/A-Guide-to-Rental-Contracts-In-Germany.md b/A-Guide-to-Rental-Contracts-In-Germany.md new file mode 100644 index 0000000..1243bf0 --- /dev/null +++ b/A-Guide-to-Rental-Contracts-In-Germany.md @@ -0,0 +1,83 @@ +[scubamom.com](http://www.scubamom.com/fin_land_fun/)
Translators get to see a great deal of rental aparment agreements. Big ones, small ones, fat ones, slim ones, unclear ones, long ones and horribly limiting ones. From preposterous airing policies to old-fashioned peaceful time specifications, from cold lease to hot water, here's what to anticipate when you're presented with a [tenancy agreement](https://mycaravanrental.co.uk) for a flat in Germany. We're likewise happy to help in more information if you really wish to know what you're getting into before you sign on the dotted line.
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Almost half of the population in German leas, and until just recently, it's been easy to see why. Rental costs have been reasonably inexpensive and conditions extremely beneficial for lessees. Yet as lease prices soar in the huge cities and as clever residential or commercial property designers get wind of the altering conditions, Red Tape Translation has seen rental agreements getting longer, stricter and scarier (not unlike the rental costs themselves!).
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The elements of a rental agreement
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The agreement
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The Mietvertrag (contract/ rental agreement/ lease) itself includes some essential details such as
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- the expense of your rent monthly +- whether boosts are enabled, and if so, how they are regulated +- the duration of the agreement +- the deposit amount +- description of the space and any additional fittings or furniture pieces that might be included +- who is accountable for repairs and [damages](https://loveinrealestate.com) +- how to cancel or extend it +- remodelling work +- how to leave the house when you abandon +- the home guidelines +- the handover report
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Typical stipulations in German leases
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The cost of your rent
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There will be a Kaltmiete (cold rent - the basic cost of having the roof over your head) and after that there will be Nebenkosten (extra charges) such as Betriebskosten (operating expenses for the building like waste disposal, stairwell cleaning) and Strom- und Heizkosten (heating and electricity expenses). Both the lease and the extra charges are typically determined or estimated according to the size of your house - the bigger it is, the more you pay. Gas, electrical power and telephone contracts are generally the tenant's company, and it might be possible to choose your own providers.
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Something to bear in mind: the property manager will typically estimate the charges in advance and deduct them monthly. At the end of the year, you get a yearly declaration for operating costs which works out just how much everything actually DID cost. If you've paid excessive, you'll get the difference back. Utility contracts often work similarly: they [approximate](http://listings.ezy.rent) what you'll pay, subtract it monthly, and after that refund or charge the difference at the end of a particular period.
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Rent increases
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There was a law introduced in 2015 called the Mietpreisbremse to stop rent increases from getting out of control. It was embraced in more than 300 German cities. One of the rules is that a brand-new rental contract can't require rent of more than 10% of the average rate for a rented house in the location. But newly built apartment or condos are not covered under this rule, and modernisation steps also give proprietors wiggle room to increase the rate. Tip: Learn how much the previous occupant paid, even if you've already signed the rental contract. A landlord can't increase the price by more than 10% of what the previous renter was paying (unless they do some modernisation that increases the worth of the flat). If needed, you might sign the contract to secure the flat and after that chase after up the proprietor to get your rent decreased (potentially with some legal support).
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Staffelmiete (stepped lease) implies that the lease increases every year in line with inflation and the boosts are locked in for the next couple of years. There is no particular limitation here - the increases may be locked in for the next 3 or 5 or ten years. If you're among these, look out for for how long your dedication is before you can cancel - up to 4 years is legally acceptable. They can't increase your lease for at least one year from finalizing.
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The period of the lease
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It might be a fixed-term agreement or it will be concluded for an unrestricted period. You might get a [fixed-term contract](https://jnnestate.com) if the property manager is planning to utilize the home themselves later down the track, or if it is provided. Fixed-term contracts can be hard to break early, so you'll be accountable to inhabit the place for the entire term, even if you want to leave early, unless you can discover an ideal replacement occupant and your property manager agrees to this.
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The Kaution (Deposit)
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Landlords can ask you for 3 months cold rent as a security deposit. The property owner has to save this cash securely in an escrow account separated from his/her personal financial resources. If the money accrues interest, the interest comes from the tenant and needs to be paid out when they abandon. It's not unusual to hear expats wondering how to get their deposit back once they have actually left the apartment, and being shocked that it takes months. The landlord has six months to return the deposit to you after you vacate, plus any interest the sum accrued, minus any arrearages for which you may be liable, say for damages to the residential or commercial property or due to lease defaults. As tempting as it may be, you can enter trouble if you just withhold your last 2 warm rental payments and inform your property owner to "keep the deposit".
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You'll find a great and extremely comprehensive guide to rental deposits at All About Berlin.
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Kündigung (Termination)
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The statutory notification duration for ending rental contracts as a tenant is three months. The longer you have actually resided in the apartment, the more [observe](https://monnara.co) your property manager has to provide you if they require you to leave: three months if you have actually been there for fewer than five years, six months if you've been there for fewer than 8 years, approximately an optimum of nine months notification.
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Provision (Commission)
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You don't need to pay the broker, property agent or [person offering](https://www.morrobaydreamcottage.com) you a rental flat a commission anymore - given that 2015, this has actually been illegal. Since the need for rental residential or commercial properties is so high in big cities, plenty of people are prepared to disregard and pay a commission anyway to be favoured as a renter.
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Housing regulations
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These govern the behaviour within the building and treatment of the residential or commercial property. You'll normally find them stuck up on the wall inside the building someplace. Typical instructions to be found in the home guidelines: whether you are allowed to have a clothing dryer in the house, when you are not permitted to make noise, whether you can keep family pets, how to air and heat your apartment or condo properly, how to utilize the bins correctly etc. They are infamous for being rigorous and pedantic to the point of ludicrous, but you're anticipated to follow them. Whether you get away with vacuuming on a Sunday despite the statutory "peaceful time" may depend on how relaxed your neighbours are and whether they grumble to the Hausverwaltung (housing administration).
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Operational expenses regulation
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You may get some excerpts from the Operational Costs Ordinance attached to your rental contract - these govern how proprietors can charge tenants for all the important things needed to make the building function.
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Übergabeprotokoll (Handover report)
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You and the agent/ property owner will examine the home, and they will make notes of preexisting damages, repair work and the condition of the residential or commercial property. If you see a small hole in the wall, point it out, and they'll take down it. This is also an excellent time to check that the heating works, even in summer season. If the property manager has promised 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](https://misterimobiliare.ro).
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How can I get aid with the small print?
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I 'd more than happy to send you a quote to translate your whole rental contract. A 5-page rental contract might 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 reasonable and you're under time pressure, send me the agreement and I'll send you a quote for an appointment to go through the primary points personally or over Skype, for around half the rate of a written translation.
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Filed Under: Moving to Germany, Doing Business in Berlin, Moving to Berlin, [Transferring](https://bmasurveys.com) To Munich Tagged With: contracts, guide, leasing
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Reader Interactions
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Comments
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1. Andreas Moser states
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January 25, 2019 at 11:32 pm
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I feel like this is the serious and more useful variation to my tirade about leasing in Germany: +https://andreasmoser.blog/2018/05/28/rental-contracts/
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January 26, 2019 at 9:07 am
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Yes! Yes! Thanks for connecting. I simply equated two rental agreements recently, one had its own annex specifically for airing that stipulated airing 4 times a day for no longer than 5-10 minutes, stressed that tilting wasn't sufficient, the window had to be open entirely. It went on and on about not enabling the walls to get cold. There were even exclamation marks and even a "wie gesagt" occasionally.
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2. Heike Wheatly says
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June 21, 2020 at 10:03 pm
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Thank You for all of the terrific info. How would you set about including a clause 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 wish to give her long-lasting living right.
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Thank You
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June 30, 2020 at 1:21 pm
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I am unsure, however here's a directory site of English-speaking lawyers, in case you remain in Berlin. Even if you're not, they might be pleased to seek advice from by phone. Cheers, Kathleen.
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3. Brian Pendergast says
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September 1, 2020 at 3:23 pm
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Thank you for the details. Do you know if it is legal to include furnishings in the expense calculator of the Nebenkosten?
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September 9, 2020 at 10:40 pm
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I just did a fast check - landlords can add an [extra cost](https://giftcityproperty.com) for furnishings, however there are limits - you can charge 2% of the value of the furniture but it presumes complete depreciation after 10 years. So it depends upon how much the furniture expense and also how old the furniture is. E.g if the furnishings cost 5,000 EUR and was new at the time of the occupancy, the property owner might charge 100 EUR monthly. There is a formula but it's late and my brain hurts. Here's the site I used.
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4. Jasper says
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March 7, 2021 at 10:00 pm
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Hi Kathleen! Thank you for your efforts. I was questioning if there's a template for the Mietvertrag?
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April 28, 2021 at 9:19 pm
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Oh you can discover them all over the location. Just Google "Mietvertrag Vorlage".
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5. Christina G says
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March 15, 2021 at 1:57 pm
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We have a one year contract/ lease with our flat. We are required in the lease to offer a 2 month notice to end. My question is, if we were to provide the 2 month notification and move out before the end of the agreement term, are we still entitled to get our deposit back? And are we not required to pay the remaining months lease? +We are preparing to leave 2 months early, so 10 months of the 12 month agreement to give context.
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April 28, 2021 at 9:15 pm
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If you offer 2 months notification, you can leave faster, but youll still need to pay the 2 months in complete. This is unless you can work out with your proprietor and get something in composing, e.g. by finding a "Nachmieter" (new renter) to take over those 2 months for you. You'll get your deposit back ultimately as long as everything is done contractually and you don't owe any cash, however don't expect it to occur rapidly. It can take 6 months in some cases to see the money.
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6. Jody states
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June 21, 2021 at 6:29 am
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If the residential or commercial property land tax and residential or commercial property insurance are not stated on the operating costs in the rental agreement, are we required to pay for them?
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September 10, 2021 at 7:08 am
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It's uncommon to become aware of a tenant being charged residential or commercial property tax and residential or commercial property insurance coverage. Those are costs that the owner typically covers. Whether the owner then thinks about those two costs when computing the rental cost per square metre is another story, naturally. I don't know whether the owner is entitled to consist of those things particularly in the operating costs or not. And if they are neither defined in the operating expense nor [consisted](https://dasseygeneralgroup.com) of in your cold rent, I would find it odd for you as the renter to then get those bills. I 'd recommend that you join the Mieterverein in your local location and ask. Feel complimentary to report back, that is an odd one!
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7. Eunice says
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January 13, 2022 at 10:19 am
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Hi, my name is Eunice, I need a little help, we discovered an apartment that we like but the agent told us that the [property owner](https://atofabproperties.com) will give us your home if we accept live there for the minimum of 3 years, so we asked to lower it the 3 years the agent stated is the new law and if we must break it, they will take our deposit. My concern now is, which law is that or is the representative attempting to require to sign to a long lease.
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Reply
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- Kathleen Parker says
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February 23, 2022 at 4:13 pm
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Much to my surprise, this is acceptable. Minimum rental terms can be up to 4 years. Here's more information.
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