What Are My Rights as a Tenant? The Key Facts

German tenancy law is extensive: the rights and obligations of tenants and landlords are set out in almost a hundred provisions of the BGB (German Civil Code). Tenancy law protects tenants from arbitrary treatment by their landlord. Some of a tenant's rights even take effect before the rental agreement is signed.

Don't automatically pay estate agent fees

Suitable apartments are often only found through an estate agent. The so-called "Bestellerprinzip" (whoever commissions the agent pays) has applied to all rental apartments since June 2015: only the party who commissioned the agent pays the agent's fee – and that is usually the landlord. If you as a tenant are asked to pay an agent's commission, you can take action against it. If you have already paid, you have the right to claim this money back.

The deposit can be paid in instalments

After a long search, you've finally found a suitable apartment? Congratulations! In almost all cases, a deposit is due when the rental agreement is signed – hardly any landlord passes that up. However, tenancy law sets clear limits on how high the deposit can be: a landlord may demand no more than three months' net cold rent in advance as security for possible damage. Your right: a tenant does not have to pay the deposit in one lump sum, but is entitled to pay it in three equal monthly instalments.

As soon as a tenant has officially moved in, the usual obligations apply to them – but they also enjoy a number of rights while living in the rented apartment. The better you know which rights you have as a tenant, the more confidently you can make decisions.

The tenant's right of domicile (Hausrecht)

Once the tenant has officially rented the apartment, they alone hold the right of domicile (Hausrecht) in it. That means only they may decide who is allowed to enter the apartment and who is not. This also applies to the owner or landlord of the apartment. In any case, the landlord may not simply drop by or enter the apartment without prior notice and without a specific reason – and certainly not in the tenant's absence. If the rental agreement says otherwise, such a clause is invalid.

The landlord has the right to inspect the apartment every one to two years, but only with sufficient advance notice and the tenant's consent. An important reason for a visit would be, for example, a defect in the apartment that the landlord wants to check.

Furnishing and decorating the apartment

How a tenant furnishes their apartment should be determined solely by their personal taste. A landlord may not impose any requirements here. The tenant may drill holes in the walls, paint the walls and hammer in nails to mount furniture or hang pictures. Tiles may also be drilled into for this purpose without expressly asking for permission.

The tenant's right to receive visitors

Who the tenant lets into their apartment for a visit is the tenant's decision alone. A landlord can neither ban certain guests nor prohibit them from staying overnight. However, guests must also comply with the house rules and should not cause any disturbance. And the length of a visit has certain limits, too: a continuous stay of up to three months is permitted without subletting coming into question.

Right to work from home

Working from home has become very popular due to current social circumstances. As a tenant, you have the right to work in your apartment, provided it is home-office work that can largely be done from a desk. Running an actual business from a private apartment is not simply permitted. It must also be ensured that working from home does not disturb the neighbours.

Right to a rent reduction

If noticeable defects have arisen in the apartment and the landlord has been informed of them, the landlord is obliged to remedy the damage. If the landlord fails to do so even after being requested to, every tenant has the right to reduce their rent for certain defects in the apartment. How large the rent reduction can be depends on various factors and should always be clarified case by case with a tenancy law expert.

Tenants are protected by current tenancy law in most cases and have many rights on their side. However, there are also things they must observe, as they take on obligations of their own by entering into a tenancy.

Obligation to pay rent and comply with the house rules

One of the most important obligations for tenants is, of course, to pay the agreed rent to the landlord monthly and on time. Some rental agreements contain a clause stating that the rent payment must have been received by the third working day of the month. Otherwise you can quickly find yourself in arrears.
Every tenant is also obliged to comply with the applicable house rules. The tenant must have been made aware of these, and they must have been handed over together with the rental agreement.

Duty to report damage and defects in the apartment

If damage has occurred in the rented apartment, the tenant must inform the landlord immediately. This applies to defects that are not the tenant's fault as well as to damage they caused themselves. If they fail to do so and this results in even greater damage, a tenant may even be liable for damages.

Keeping pets

If you as a tenant want to keep a pet in your apartment, you generally need your landlord's consent. You do not have an unrestricted right to keep a pet. There are usually provisions on this in the rental agreement.
However, if it is only a small animal (e.g. small birds, rabbits, guinea pigs, hamsters or fish), the landlord's permission is not required. A small animal is one that can be kept in an enclosed container. Of course, a tenant must ensure that the number of small animals is appropriate for the size of the apartment and that any nuisance to neighbours is ruled out.

Possible flatmates and subtenants

When moving into the rented apartment, it is established who the main tenant is. This is set out bindingly in the rental agreement. If another flatmate is to move in, this is only possible with your landlord's consent. If the landlord does not agree, the tenant risks termination.
Exempt from this rule are the tenant's children (including stepchildren and adopted children), spouses and registered civil partners. Close family therefore enjoys special treatment here.

In certain cases, such as a serious change in financial circumstances, a tenant is also entitled to the landlord's consent. For example, if the tenant has difficulty paying the rent due to unemployment and needs the contribution of an additional flatmate, they may apply to take one in.

In the event of termination – whether by the landlord or the tenant – the rental property is finally checked for damage. The condition of the apartment is also assessed; all of this is part of the handover. Tenants have rights here, too, that they can assert.

Are cosmetic repairs and other renovation work mandatory?

After several years of renting, a tenant naturally causes some wear and tear to an apartment. It is therefore not uncommon for landlords to demand a thorough renovation of the apartment when the tenant moves out. Such demands are, however, often unfounded. The relevant provisions are usually set out in the rental agreement under the "cosmetic repairs" (Schönheitsreparaturen) clause – which, however, is often invalid.

When moving out, a tenant cannot be obliged to carry out a complete renovation. Only a handover "in a condition ready for occupancy" may be required.

Right to reclaim the deposit

The deposit paid at the start of the tenancy is owed back to the tenant after the tenancy is terminated, less any damage that may have occurred. The handover report is decisive here: only damage recorded in it can be claimed by the landlord.

The landlord is generally entitled to a certain period after the tenant moves out in which to check for any damage and offset possible claims against the deposit. However, the landlord may not stretch this period indefinitely without good reason. Otherwise, you have the right to reclaim your deposit.

Service charge statements after moving out

After moving out, every tenant is entitled to a final service charge statement. The landlord must observe certain deadlines for the service charge statement. These could then be offset against the repayment of the deposit. Some patience is indeed required here, as the landlord also has the right to settle all statements and check them for themselves.
If anything is unclear, you should always have the service charge statement checked more closely.