Lease check before signing - tenants Germany
As a tenant in Germany you should carefully check the lease before signing to avoid surprises later. This guide explains which clauses are particularly important, which rights and obligations are regulated in the BGB and how to check housing benefit or rental subsidies. You will receive practical checklists for the security deposit, utility bill accounting and cosmetic repairs as well as advice on how to document defects and meet deadlines. The language is intentionally easy to understand; technical terms are explained and illustrated with examples. At the end you will find a model procedure, notes on local court steps and linked official forms so you as a tenant in Germany can act securely. Read the checklist and keep copies of all documents.
Check before signing
Before signing, check the most important contract points clearly. Pay attention to duration, notice periods, the amount and purpose of the deposit as well as the utility cost arrangements. Also check whether unusual cosmetic repair clauses or flat-rate charges are included. If wording is unclear, request a written clarification or a change to the clause.
- Carefully check term and notice periods.
- Clarify the amount and repayment conditions of the security deposit.
- Check utility cost items and billing periods.
- Understand rules on cosmetic repairs and maintenance.
- Check information on heating and water supply for functionality.
- Avoid abbreviations or unusual penalty clauses.
Housing benefit & rental subsidies
If your rent exceeds the burden limit, check your entitlement to housing benefit or municipal rental subsidies. The housing benefit application is the central form; submit it to your local housing benefit office. For example: single parents with limited income enter household size, gross income and net cold rent in the housing benefit application and attach copies of the lease and pay slips.[3]
Important forms
- Housing benefit application (form) – always submit with lease and income documents.[3]
- Local court forms for payment orders or eviction claims, if necessary.[2]
Documentation & deadlines
Always document defects with date, photos and written defect notices to the landlord. Set deadlines for repairs and keep all receipts. This documentation is important if there is later a rent reduction or a legal dispute.
- Take photos, note dates and provide precise descriptions of the defect.
- Send written defect notices by registered mail or email with read receipt.
- Set a deadline for repair (e.g. 14 days) and document the response.
If the landlord does not respond
If the landlord does not respond to defect notices, consider rent reduction under § 536 BGB or carrying out repairs at the landlord's cost after a deadline expires. In case of unresolved conflicts, consultation at tenant advice is sensible; in serious cases the local court is responsible for tenancy disputes.[1]
Frequently Asked Questions
- Can I change the lease afterwards?
- Yes, changes are possible if landlord and tenant agree; record changes in writing.
- How quickly can I reduce rent for heating failure?
- The reduction applies from the time the defect impairs the use of the flat; document date and effects.
- Where do I apply for housing benefit?
- You apply for housing benefit at the local housing benefit office; provide lease, bank statements and income documents.[3]
How-To
- Read the lease completely and mark unclear clauses.
- Collect all relevant documents: lease, handover protocol, receipts.
- Contact the local housing benefit office or an advice center if needed.
- Set a reasonable deadline for the landlord to fix defects.
- If there is no response, consider legal steps at the local court.
Key Takeaways
- Read and document all contract parts before signing.
- Photograph and date defects immediately.
Help and Support / Resources
- Gesetze im Internet: BGB (Tenancy law)
- Federal Court (BGH)
- Formulare-Bund: official forms (including housing benefit)
