All-in Rent legally secure for tenants in Germany
As a tenant in Germany, you need a clear checklist when you want to agree an all-in rent. This text explains step by step which points must appear in the lease, how service charges and ancillary costs are regulated, what duties apply to repairs and how you can protect yourself from unexpected additional charges. I explain practical wording, deadlines for tenants and landlords and name official forms and courts that are responsible in disputes. The aim is that you as a tenant understand your rights and can act securely in the contract without requiring legal jargon. I also show how to document defects, keep deadlines and when a rent reduction is possible.
What is an all-in rent?
An all-in rent is a contractual agreement in which the landlord summarizes certain ancillary costs as a flat rate or includes them in the rent. It is important that the lease states exactly which services are included and whether subsequent accounting is possible. The landlord's legal duties arise from the German Civil Code (BGB) in the tenancy law paragraphs.[1]
Checklist: Points to check in the lease
- Check the exact monthly rent amount (rent) and whether a flat all-in fee or a graduated rent is agreed.
- Clear wording on service charges and accounting periods; check whether additional charges are possible and how bills are issued.
- Rules on repairs and maintenance: who pays for small repairs and who bears major renovations (repair)?
- Documentation duties: keep handover records, photos and correspondence (evidence).
- Check deadlines and termination conditions: notice periods, reasons for termination and special termination rights (deadline).
- Jurisdiction and mediation: notes on which local court is responsible and whether a mediation body is provided (court).
Important forms and competent courts
Important forms and templates you should know: termination letters (template from the Federal Ministry of Justice), templates for handover protocols and written defect notifications. A practical example: if the heating fails, send a written defect notice with date and photos to the landlord and set a deadline for remedy. For official templates see the Federal Ministries and justice authorities. In court matters the local court (Amtsgericht) is usually competent; proceedings are governed by the Code of Civil Procedure (ZPO).[2]
Frequently Asked Questions
- What does an all-in rent normally cover?
- An all-in rent can include heating, water and sometimes electricity or janitorial services; the exact listing must appear in the lease.
- Can the landlord make additional claims later?
- That depends on the contractual wording; with true flat rates additional claims are often excluded, with accounting flat rates additional claims may be possible. Check the clauses and the rules of the Betriebskostenverordnung (BetrKV).[3]
- When can I reduce the rent?
- You can reduce the rent if a substantial defect impairs the usability of the apartment. Documentation and setting a deadline to the landlord are important.
How-To
- Read the lease completely and mark passages on services, additional claims and deadlines (form).
- Document the condition at handover with a protocol and photos (evidence).
- Contact the landlord in writing about defects and set a reasonable deadline for remedy (call).
- Have necessary repairs carried out and keep invoices; check who bears the costs (repair).
- If no agreement is reached, inform the competent local court and prepare documents for possible proceedings (court).
Help and Support / Resources
- German Civil Code (BGB) — Tenancy, §§ 535–580a
- Federal Court of Justice (BGH) — Case law on tenancy
- Federal Ministry of Justice and Consumer Protection — templates and guidance