- Am I paying too much rent? In areas with a tight housing market, the rent on a new tenancy may be at most 10 per cent above the local comparative rent (ortsübliche Vergleichsmiete).
- Do I have to agree to a rent increase? The landlord may raise the rent up to the local comparative rent, but by no more than 20 per cent within three years; in cities with a cap ordinance (Kappungsgrenzenverordnung), no more than 15 per cent.
- Can my landlord give me notice? Only with a legitimate interest: personal use (Eigenbedarf), a serious breach of duty by the tenant, or being prevented from making reasonable economic use of the property.
- When do I get my deposit back? The deposit may be at most three months' net cold rent, you may pay it in three monthly instalments, and the landlord must keep it in an interest-bearing account separate from his own assets.
- Can I reduce the rent for defects? Yes. If a defect significantly impairs the flat, the rent is reduced by law – you do not need the landlord's permission.
- Is my service charge statement correct? The landlord must deliver the statement no later than twelve months after the end of the billing period; after that he can no longer demand a back payment.
Are you paying too much rent?
The free rent check shows in two minutes whether your rent is above the limit set by the rent brake.
Am I paying too much rent? The rent brake (§ 556d BGB)
In areas with a tight housing market, the rent on a new tenancy may be at most 10 per cent above the local comparative rent. Exempt are new builds first let after 1 October 2014, comprehensively modernised flats and a higher previous rent. If you object to the breach within 30 months of the start of the tenancy, you can claim back the excess rent from the day you moved in (§ 556g BGB); if you object later, only from the date of the objection. The free rent check shows you in a few minutes how high your rent is allowed to be. More on the page about the rent brake.
Do I have to agree to a rent increase? (§ 558 BGB)
The landlord may raise the rent up to the local comparative rent, but by no more than 20 per cent within three years; in cities with a cap ordinance, no more than 15 per cent. The increase must be justified in writing, for example with the rent index (Mietspiegel), and the rent must have been unchanged for 15 months at the date the increase is to take effect. You have until the end of the second month after receipt to check it (§ 558b BGB). Without your consent, the landlord has to sue for it. More on the page about rent increases.
Can my landlord give me notice? (§ 573 BGB)
Only with a legitimate interest: personal use, a serious breach of duty by the tenant, or being prevented from making reasonable economic use of the property. The notice must be in writing and state the reason. The notice period is three months and rises to six after five years of tenancy and to nine after eight years (§ 573c BGB). Your own notice period is always three months. If moving out would be an exceptional hardship for you, you can object up to two months before the tenancy ends (§ 574 BGB). More on the page about termination of a tenancy.
When do I get my deposit back? (§ 551 BGB)
The deposit may be at most three months' net cold rent, you may pay it in three monthly instalments, and the landlord must keep it in an interest-bearing account separate from his own assets. After you move out he has a reasonable period to check the flat; the courts usually allow three to six months. After that, demand the deposit back in writing and set a deadline. More on the page reclaiming your deposit.
Can I reduce the rent for defects? (§ 536 BGB)
Yes. If a defect significantly impairs the flat, the rent is reduced by law – you do not need the landlord's permission. The condition is that you have reported the defect (§ 536c BGB). The amount depends on the severity: from a few per cent for minor disturbances up to the full rent if the flat is uninhabitable. Document the defect with dated photos and pay the disputed amount under reservation. More on the page about rent reduction (Mietminderung).
Is my service charge statement correct? (§ 556 BGB)
The landlord must deliver the service charge statement (Nebenkostenabrechnung) no later than twelve months after the end of the billing period; after that he can no longer demand a back payment. You likewise have twelve months after receipt to raise objections, and you may inspect the receipts. Only costs listed in the Operating Costs Ordinance (Betriebskostenverordnung) and agreed in the tenancy agreement can be passed on; administration and maintenance are not among them. More under tenant protection.
Are you paying too much rent?
Two minutes, free, no obligation: the rent check compares your rent with the limit in § 556d BGB.