- What does a tenants' association do? A tenants' association advises you on everything that concerns your tenancy: the tenancy agreement, rent increases under § 558 BGB, the service charge statement, defects and rent reduction under § 536 BGB, termination and the deposit.
- What does membership cost? At most tenants' associations the annual fee is between 50 and 120 euros.
- How long is the waiting period, and where are the limits? At most associations you can use the advice from the day you join, even for a problem that already exists.
- Tenants' association or legal expenses insurance: what is the difference? Legal expenses insurance does not advise, it pays.
- When is a tenants' association worth it? A tenants' association is worth it if a dispute with your landlord is on the horizon or you regularly have questions about your tenancy: a rent increase you cannot make sense of, a service
- What are the alternatives to a tenants' association? If you do not want a membership or need quick help with a case that is already running, you have four options:
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What does a tenants' association do?
A tenants' association advises you on everything that concerns your tenancy: the tenancy agreement, rent increases under § 558 BGB, the service charge statement, defects and rent reduction under § 536 BGB, termination and the deposit. The advice comes from employed lawyers, at the association's office, by phone or by email. The association checks your documents, tells you whether a demand from your landlord is lawful and writes to the landlord in your name.
Most tenants' associations belong to the Deutscher Mieterbund, the German tenants' federation. Many also offer legal expenses cover that pays the costs of a case before the local court (Amtsgericht), either included in the fee or for a surcharge. The association does not appear in court itself. There a solicitor represents you; the legal expenses cover pays their costs under its own terms.
What does membership cost?
At most tenants' associations the annual fee is between 50 and 120 euros. On top of that there is often a one-off joining fee. If legal expenses cover is included, you usually pay an excess if a case goes to court. The amount is set out in the association's articles or its legal expenses terms.
Membership usually runs for at least one year, at many associations two. It renews automatically if you do not cancel in time. Read the articles before you join: they state the fee, the minimum term and the notice period.
How long is the waiting period, and where are the limits?
At most associations you can use the advice from the day you join, even for a problem that already exists. Legal expenses cover is different: it usually only applies after a waiting period of three months and only to disputes that arose after you joined. If you join with a termination notice already in hand, you get advice but no cover for the costs of that particular case.
Further limits: the association advises on tenancy law only, not on employment, traffic or contract law. It is organised locally; if you move to another city, you usually need a new membership there. And you generally have to book an advice appointment in advance.
Tenants' association or legal expenses insurance: what is the difference?
Legal expenses insurance does not advise, it pays. It is usually a module of private legal expenses insurance (Wohnungs- und Grundstücksrechtsschutz, cover for housing and property disputes) and pays the costs of lawyers, courts and experts when you are in a dispute as a tenant. Here too a three-month waiting period and an excess per case normally apply. You choose the lawyer yourself.
The tenants' association, by contrast, gives advice itself and writes to the landlord before a case reaches court. Many associations combine the two: advice plus cover for court proceedings. If you already have legal expenses insurance with a tenancy law module, what you mainly need from the association is the advice. If you have none, the association's cover takes care of the most common tenancy disputes, though only for the tenancy you have registered.
When is a tenants' association worth it?
A tenants' association is worth it if a dispute with your landlord is on the horizon or you regularly have questions about your tenancy: a rent increase you cannot make sense of, a service charge statement with items that cannot be passed on to tenants, mould the landlord ignores, or a termination for the landlord's own use. Having a single service charge statement checked can save more than the annual fee costs.
Membership is less worthwhile if you have just one question, your tenancy has run for years without conflict or you need legal expenses cover right now. Because of the waiting period, there is none for a case that is already running. So join before the dispute starts, not when the landlord's letter is already in your letterbox.
What are the alternatives to a tenants' association?
If you do not want a membership or need quick help with a case that is already running, you have four options:
- Specialist tenancy lawyer (Fachanwalt für Mietrecht): An initial consultation costs consumers at most 190 euros plus VAT (§ 34 RVG), there is no waiting period, and the lawyer also takes on a case that is already running. If they continue to represent you, the fees depend on the value in dispute.
- Legal expenses insurance with a tenancy law module: It pays the costs of court proceedings, not the advice beforehand. Check your policy for housing and property cover (Wohnungs- und Grundstücksrechtsschutz) before you instruct a lawyer.
- Legal advice assistance and legal aid: On a low income, you can get a legal advice voucher (Beratungshilfeschein) from the local court under the Beratungshilfegesetz. The lawyer then advises you for a contribution of 15 euros. For court proceedings, apply for legal aid (Prozesskostenhilfe) under §§ 114 ff. ZPO.
- Consumer advice centre (Verbraucherzentrale): Some consumer advice centres advise on tenancy law, for a fee per consultation and without membership.
If the issue is the amount of your rent, you do not need an association. In areas with a tight housing market, the rent for a new tenancy may be at most 10 per cent above the local comparable rent (§ 556d BGB). If your rent is higher, you object to the breach under § 556g BGB and reclaim the rent you have overpaid. CONNY checks for free whether your rent is above the limit: Check your rent now.
Are you paying more than rent control allows?
You enter your address, floor space and rent. CONNY compares your rent with the local comparable rent and tells you whether an objection under § 556g BGB has a chance. The check is free and without obligation.
Frequently asked questions about tenants' associations
Can I join a tenants' association if I already have a problem with my landlord?
Yes. At most associations you can get advice straight away, including on a dispute that is already running. The association's legal expenses cover does not apply to it: it usually requires a three-month waiting period and excludes cases that began before you joined.
Will the tenants' association represent me in court?
No. The association advises and writes to the landlord out of court. Disputes over residential tenancies are heard by the local court (§ 23 no. 2a GVG), where a solicitor represents you. Many associations refer you to a contracted lawyer and pay the costs through their legal expenses cover, minus the excess.
How do I cancel my membership of the tenants' association?
In writing to the association's office, within the notice period set out in its articles. Most associations have a minimum term of one or two years; after that, membership renews for another year if you do not cancel in time. Check the date you joined and the notice period before you write, otherwise you pay for a further year.
Do I need a tenants' association if I have legal expenses insurance?
Only for the advice. The insurer pays for lawyer and court if your policy includes housing and property cover (Wohnungs- und Grundstücksrechtsschutz). But it does not check a service charge statement and does not write to your landlord. If you want that help, join an association or pay a specialist tenancy lawyer.
Will the tenants' association check whether my rent breaches rent control?
Yes, that is part of the advice. Without membership, you can use CONNY's free rent check: it compares your rent with the local comparable rent under § 556d BGB. Rent control does not apply to flats first let after 1 October 2014, nor to the first letting after extensive modernisation (§ 556f BGB).
Where do I find the tenants' association in my city?
The Deutscher Mieterbund has a search for its local associations at mieterbund.de. There are also associations outside the Mieterbund; search for ‘Mieterverein’ and the name of your city. Compare the fee, the minimum term and whether legal expenses cover is included.
Our experts continue to enforce your rights as a tenant as before – now as part of CONNY, the new platform for consumer protection. The service stays the same for you.
Rent too high? Check first, then act
If your rent is above the rent control limit, you can reclaim the difference (§ 556g BGB). The CONNY check is free and needs no membership.
Are you paying too much rent?
Two minutes, free, no obligation: the rent check compares your rent with the limit under § 556d BGB.