Signing Checklist: Tenant Rights in Germany
Checklist Before Signing
Before signing a rental agreement, check the most important legal points so you can decide safely as a tenant in Germany. Read the contract clauses, watch for rent, deposit, additional costs and termination deadlines under the BGB[1] and note open questions for advice at the local court or a counseling center.
- Check contract duration and probation period (deadline).
- Verify rent amount and any graduated rent (rent).
- Clarify deposit and payment methods (deposit).
- Review utility billing and billing period (rent).
- Document the condition of the apartment and any defects (repair).
- Consider access, data protection and house rules (entry).
- Note termination deadlines and special termination rights (deadline).
- If a form or appendix is missing, review official documents (form).
Important Forms
The following official steps and forms are particularly relevant for tenants: application for legal advice or legal aid, written termination declarations and, if necessary, filing a lawsuit at the local court. Legal bases are found in the BGB for tenancy law and in the Code of Civil Procedure for court proceedings[1][2]. Example: You apply for legal advice or information about legal aid at your local court or via official institutions such as the Federal Ministry of Justice[3]. Practical example: You apply for legal advice at the local court, submit income evidence and receive support for an initial consultation without high costs.
Key Takeaways
- Read contract clauses carefully and note uncertainties.
- Document defects immediately with photos and dates.
- Seek advice early before deadlines expire.
FAQ
- Can I sign a rental agreement online?
- Yes, a rental agreement can generally be prepared electronically, but a handwritten signature is customary for legal certainty; check the contract form and clarify details before signing.
- What do I do about defects when moving in?
- Document defects immediately with photos, report them to the landlord and request remedy; set deadlines and keep all evidence for potential later claims for rent reduction.
- How can I get advice if I cannot afford a lawyer?
- Check legal advice and legal aid options at the local court or on the Ministry of Justice pages; there you will find application procedures and required documents.
How-To
- Gather documents: rental offer, handover protocol, ID and proof of income.
- Check rent and additional costs: total burden, deposit and payment deadlines.
- Document condition: take dated photos of defects.
- Review forms and deadlines: apply for legal advice or legal aid if needed.
- Observe deadlines: note termination and response deadlines and act in time.
- Decide: sign, record change requests in writing or continue negotiating.
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB) - Mietrecht
- [2] Bundesgerichtshof (BGH) - Decisions
- [3] Federal Ministry of Justice - Legal aid information
