Tenant Checklist Before Signing: Germany Guide
As a tenant in Germany you should systematically check the tenancy agreement before signing. This guide helps you avoid common mistakes: contract durations, additional costs, cosmetic repairs, deposit and handover protocol. I explain which clauses may be invalid, what landlord and tenant obligations are, and which deadlines you must observe. You will receive practical tips on how to document defects, use a template letter and when going to the local court or seeking legal advice makes sense. At the end you will find a short checklist and official forms that tenants in Germany often need. The language is deliberately simple so you can make decisions safely and informed.
What tenants in Germany should check
- Check contract duration, notice periods and graduated rents.
- Clarify the amount of rent and a detailed breakdown of additional costs.
- Record deposit amount, payment method and repayment conditions.
- Clearly regulate cosmetic repairs and maintenance obligations.
- Prepare a handover protocol with photos and meter readings.
- Clarify house rules, access and key arrangements.
Key clauses and legal basis
Check prohibited clauses and the obligations from the German Civil Code (BGB) §§ 535–580a.[1] Watch for automatic rent increases, unclear operating-cost statements and extensive maintenance obligations.
Official forms and templates
- Termination letter (template) – Used when you end the tenancy; state date, addresses, rental object and reason for termination clearly.
- Application for a payment order (Mahnverfahren) – For unpaid claims, whether the landlord demands unpaid rent or vice versa.
- Eviction claim (court application at the local court) – For extraordinary termination or outstanding evictions; the local court is responsible and the Code of Civil Procedure (ZPO) governs the process.[2]
What to do about defects, termination or disputes
- Report defects in writing, set a deadline for remedy and attach photos.
- Document all communication and collect receipts.
- In escalation, a lawsuit may follow at the local court; inform yourself about deadlines and required documents.[2]
- Seek advice from authorities or legal advisers early, especially before a termination.
FAQ
- What must be included in the handover protocol?
- Date, meter readings, visible defects, condition of walls/floors, and signatures of both parties.
- When can I reduce the rent?
- For significant defects that impair living quality; document defects and set deadlines for remedy.
- Which court is responsible for tenancy disputes?
- Usually the local court in the first instance; appeals may go to the regional court and rulings to the Federal Court of Justice.[3]
How-To
- Read the contract fully and mark unclear clauses.
- Check notice periods and the start of the tenancy.
- Clarify types of additional costs and payment arrangements.
- Document the condition of the apartment at handover with photos.
- Use official templates for termination or defect notices if needed.
- Obtain legal advice before missing deadlines.
