- German tenancy law gives tenants many rights, which they can rely on and enforce in a dispute.
- The better you know your rights as a tenant, the better you can defend yourself against being taken advantage of.
- Every tenant also has duties towards the landlord, and some of them work in the tenant's favour, such as the duty to report defects.
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Your rights when moving into a new flat
German tenancy law is extensive: almost a hundred provisions of the BGB (German Civil Code) set out the rights and duties of tenants and landlords. Tenancy law protects you from arbitrary treatment by the landlord. Some of your rights apply even before you sign the lease.
You do not automatically pay the agent's fee
Many flats are only found through an estate agent. Since June 2015, the "whoever orders, pays" principle (Bestellerprinzip) has applied to all rented flats: only the party who instructed the agent pays the agent's fee, and that is usually the landlord. If you are asked to pay an agent's commission as a tenant, you can refuse. If you have already paid, you have the right to claim the money back.
The deposit can be paid in instalments
Almost every lease comes with a deposit, and hardly any landlord waives it. Tenancy law sets a clear limit on the amount: the landlord may demand at most three months' net cold rent (rent excluding service charges) as security for possible damage. You do not have to pay it in one go: you have the right to pay the deposit in three equal monthly instalments.
Your rights as a tenant while you live there
Once you have moved in, the usual duties apply, but you also have a number of rights while you live in the flat. The better you know them, the clearer your decisions will be.
Your right to decide who enters the flat (Hausrecht)
Once you have rented the flat, you alone hold the Hausrecht: the right to decide who may enter the flat and who may not. That includes the owner or landlord. The landlord may not simply turn up or enter the flat without notice and without a specific reason, and certainly not while you are away. If your lease says otherwise, that clause is invalid.
The landlord may inspect the flat every one to two years, but only with advance notice and your agreement. A good reason for a visit is, for example, a defect in the flat that the landlord wants to check.
Furnishing and decorating
How you furnish your flat is a matter of your own taste. The landlord cannot dictate anything here. You may drill holes, paint the walls and hammer in nails to fix furniture or hang pictures. You may also drill into tiles without asking for express permission.
Your right to have visitors
Who visits you is your decision alone. The landlord can neither ban particular guests nor stop them staying overnight. Your guests must follow the house rules and must not disturb the peace. There is also a limit on how long a visit can last: a guest may stay for up to three months before the question of subletting arises.
Right to work from home
Working from home has become very common. You have the right to work from your flat as long as it is desk-based work. Running a full business from a private flat is not automatically allowed. Your work must also not disturb the neighbours.
Right to reduce the rent
If there is a visible defect in the flat and the landlord has been told about it, the landlord must fix it. If the landlord does not do so even after being asked, you have the right to reduce your rent for certain defects in the flat. How much you can reduce depends on several factors and should always be checked with a tenancy law expert for your individual case.
What are a tenant's duties?
Tenancy law protects tenants in most cases and gives them many rights. But a tenancy also creates duties on your side, and you need to keep to them.
Paying the rent and following the house rules
Your most important duty is to pay the agreed rent on time every month. Some leases contain a clause that the rent must reach the landlord by the third working day of the month. Miss it and you are quickly in arrears.
You must also keep to the house rules. They have to be made known to you and handed over together with the lease.
Duty to report damage and defects in the flat
If damage occurs in the flat, you must tell your landlord immediately. That applies to defects that are not your fault and to damage you caused yourself. If you do not and the damage gets worse as a result, you may even be liable for compensation.
Keeping pets
If you want to keep a pet in your flat, you generally need your landlord's consent. There is no unrestricted right to keep pets. Leases usually contain a clause on this.
Small animals (such as small birds, rabbits, guinea pigs, hamsters or fish) are the exception: you do not need the landlord's permission for them. A small animal is one that can be kept in a closed enclosure. You must make sure the number of animals suits the size of the flat and that the neighbours are not disturbed.
Flatmates and subtenants
When you move in, the lease states who the main tenant is. If another person is to move in, you need your landlord's consent. If you move someone in without it, you risk termination.
Your children (including stepchildren and adopted children), spouse and registered civil partner are exempt from this rule. Close family enjoys special treatment here.
In certain cases, such as a serious change in your financial circumstances, you are entitled to the landlord's consent. If, for example, you lose your job and need a flatmate to share the rent, you may ask for permission to take one in.
Your rights when you move out
When the tenancy ends, whether you or the landlord terminated it, the flat is checked for damage and its condition is assessed. That is the handover. You have rights here too.
Are cosmetic repairs and other renovation work compulsory?
After a few years, a flat shows normal wear and tear. Landlords often demand a full renovation when the tenant moves out. Such demands are often unfounded. The lease usually covers this under the "cosmetic repairs" clause, and these clauses are often invalid.
You cannot be obliged to renovate the whole flat when you move out. All that can be required is handing the flat over in a condition fit for the next tenant to move in.
Right to reclaim the deposit
The deposit you paid at the start of the tenancy is yours again once the tenancy ends, less the cost of any damage. The handover report is decisive: the landlord can only claim for damage recorded in it.
The landlord is entitled to a reasonable period after you move out to check for damage and offset any claims against the deposit. The landlord may not stretch this period indefinitely without good reason. If that happens, you have the right to reclaim the deposit.
Service charge statements after moving out
After moving out, you are entitled to a final service charge statement. The landlord must keep to certain deadlines for the service charge statement. The result may be offset against the deposit refund. Some patience is needed here, because the landlord also has the right to review all statements and set them off.
If anything is unclear, always have the service charge statement checked.
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