Tenant protection explained

Moving checklist: what to do when, and where landlords keep your money

Give notice three months ahead, book helpers and a no-parking zone four weeks ahead, draw up a handover record with meter readings on the day, and register your new address within two weeks of moving in. The expensive mistakes happen in three places: decorating repairs, the deposit and the new tenancy agreement.

6 min readMoving & tenancy lawGermany
Check your rent for free
In short
  • Three months' notice (§ 573c BGB), in writing, delivered to the landlord by the third working day of the month.
  • Handover record (Übergabeprotokoll) with photos and meter readings, when you move out and when you move in. It decides your deposit (Kaution) later.
  • Paint when you move out only if the clause is valid. Many clauses are invalid; then you do not redecorate.
  • Check the new rent straight away: in cities with the rent cap (Mietpreisbremse) it may be at most ten per cent above the local reference rent (§ 556d BGB).

New flat, new rent: too high?

See in two minutes whether your new rent is above the Mietpreisbremse limit.

Check your rent for free

What do you do three months before?

Give notice on your old tenancy: in writing, signed, delivered by the third working day of the month
A replacement tenant (Nachmieter) only with the landlord's written consent: you have no right to one
Check the new tenancy agreement: rent, stepped or index rent, minor repairs clause, decorating repairs (Schönheitsreparaturen), deposit
Deposit for the new flat: at most three months' basic rent, payable in three instalments (§ 551 BGB)
Cancel or transfer contracts: electricity, gas, internet, phone, broadcasting fee (Rundfunkbeitrag)
Measure the new flat, including doors and stairwell, before ordering furniture

The exact deadlines and examples for giving notice are under Notice period for a flat. Whether you have to paint when you move out is settled in the guide to decorating repairs: a clause with fixed intervals or a final renovation is invalid, so you move out as you lived.

What do you do four weeks before?

Book a van, boxes, helpers or a removal firm; compare quotes
Apply for a no-parking zone (Halteverbotszone) at the road traffic, district or county office: two to three weeks' lead time, signs put up at least three days ahead
Set up mail forwarding with Deutsche Post; inform insurers, bank, employer and subscriptions
Declutter: book bulky waste collection, dispose of electronic waste separately, sell or donate what is still usable
Keep receipts: moving costs are work-related expenses if you move for a job, otherwise partly deductible as tradesmen's services

There is no statutory right to special leave for a move; what your employer grants is in your employment or collective agreement.

How do you hand over the old flat properly?

The handover decides your deposit. Walk through the empty, broom-clean flat together with the landlord and record everything in writing:

  • Record: condition of each room, existing damage, meter readings for electricity, gas, water and heating, number of keys handed over. Both sign, you keep a copy.
  • Photos: every wall, every floor, every window, with date.
  • No promises under pressure: if the landlord still demands redecoration or repairs, sign nothing and have the clause checked.

Normal wear and tear is not your damage

Signs of use such as drill holes, light wear on the floor or walls yellowed after years are contractual use (§ 538 BGB). The landlord may not deduct anything from the deposit for them.

What do you watch for when moving in?

The same record, this time in your favour: any damage noted on day one cannot be blamed on you later.

Handover record with all defects, photos and meter readings
All keys counted and noted in the record
Smoke alarms in bedrooms, children's rooms and hallway: mandatory in every federal state
Deposit in a separate, interest-bearing account; the first instalment is due at the start of the tenancy, the other two with the next two rent payments
Check the rent against the Mietpreisbremse: if it applies in your city, the rent may be at most ten per cent above the local reference rent

If smoke alarms are missing, see Smoke alarm requirement. Whether your new rent is lawful, we check under Mietpreisbremse, free and in two minutes.

What do you do after the move?

Register at the residents' registration office (Einwohnermeldeamt) within two weeks of moving in (§ 17 Bundesmeldegesetz); the landlord issues the landlord confirmation (Wohnungsgeberbestätigung)
Have the address changed on your ID card and vehicle registration
Update standing orders and direct debits, inform insurers; contents insurance (Hausratversicherung) usually covers both flats for a transition period during the move
Name plates on doorbell and letterbox, register children at school or nursery
Claim back the deposit for the old flat: the landlord must settle within three to six months, otherwise send a written reminder

How long the old landlord may hold the deposit and what he may deduct is under Getting your deposit back. The final service charge statement must run pro rata only up to the day you moved out; checking it pays, see Check your service charge statement.

Common questions about moving

Do I have to paint when I move out?

Only if the agreement contains a valid clause and you took over the flat redecorated. Clauses with fixed intervals or a final renovation are invalid.

How quickly do I get the deposit back?

The landlord may take a reasonable time to check, usually three to six months. Longer only if a service charge statement is still outstanding, and then only for a reasonable part.

What if the landlord does not want a record when I move in?

Do it yourself: photos with date, a list of defects, sent to the landlord by email. That protects you just as well.

May the new rent be higher than the previous tenant's?

Where the Mietpreisbremse applies, at most ten per cent above the reference rent, unless the previous tenant already paid more. Ask for the previous rent; the landlord must disclose it.

New flat: paying too much?

Right after moving in is the time to look at the rent. Where the Mietpreisbremse applies, we recover overpaid rent, with no cost risk for you.

New rent too high?Check in 2 minutes
Check rent