Tenant Checklist Before Signing: 5 Steps Germany

As a tenant in Germany you should check whether the flat matches your needs and any subsidy status before signing. This guide helps you collect key proofs in five clear steps, avoid legal pitfalls like wrongful occupancy charges, and understand landlord duties and your rights under tenancy law. Check documents, deadlines and possible costs, and know when a Wohnberechtigungsschein (WBS) is required. The following sections explain which documents are typically required, how to document defects, which laws apply, and how to make secure decisions without a lawyer. At the end you will find a checklist, FAQ and official authority links for Germany.

What to check before signing?

First check the basics: lease duration, rent amount, service charges, deposit, and whether the flat is subsidized (e.g. social housing with WBS). Read the lease fully and watch for clauses on renovation, subletting and special uses. Verify which proofs the landlord requests and whether the living area and amenities are stated correctly.

• Review the rent and the service charge breakdown.
• Compare the stated living area with the contract.
• Ask for previous utility bills if available.
• Clarify if the flat is subsidized and requires a WBS.

Key proofs and forms

Collect as a minimum: ID, proof of income, certificate of no rent arrears from the previous landlord, and where relevant the Wohnberechtigungsschein (WBS). The WBS is issued under the Wohnraumförderungsgesetz (WoFG) and is required for many subsidized flats.^[2] For disputes the provisions of the BGB are decisive, for example the landlord obligations under §535 BGB.^[1]

• ID or passport for identity verification.
• Income proofs for the last three months.
• Certificate of no rent arrears from your previous landlord.
• WBS application if the flat is subsidized.

How to document defects and condition

Inspect the flat together with the landlord, note existing damages in the handover protocol and take dated photos. Request the landlord's signature or a witness to avoid later disputes. For later defects, send a written defect notice by registered mail or email and keep proof.

• Create a detailed handover protocol with photos.
• Keep copies of all messages and agreements.
• Set a reasonable deadline for the landlord to remedy defects.

Legal basis and competent courts

Tenancy law is mainly regulated in the Bürgerliches Gesetzbuch (BGB); important provisions are in §§535–580a BGB.^[1] Subsidized housing is governed by the Wohnraumförderungsgesetz (WoFG).^[2] Rental disputes are first heard at the local court (Amtsgericht); higher instances are the regional court (Landgericht) and the Federal Court of Justice (Bundesgerichtshof).^[3]

FAQ

Who pays the wrongful occupancy charge?

The wrongful occupancy charge may be requested from the tenant if the flat no longer meets subsidy conditions; calculation and rates depend on state law and WoFG provisions.^[2]

When is a Wohnberechtigungsschein (WBS) required?

A WBS is required to rent certain subsidized flats. The application is typically filed with the local authority; conditions are set out in the WoFG.^[2]

Which court do tenants file a claim with?

Rental disputes are filed with the local court (Amtsgericht) in the first instance; enforcement or appeals involve the Landgericht and Bundesgerichtshof.^[3]

How-To

1. Read the lease completely and flag unclear clauses.
2. Gather proofs: ID, income statements, certificate of no arrears, and WBS if applicable.
3. Make a detailed handover protocol with photos and get it signed.
4. Send written defect notices and set reasonable remediation deadlines.
5. Keep all documents and use official authorities for clarification.

Help and Support

• Information on the BGB §§535–580a
• Wohnraumförderungsgesetz (WoFG)
• Justice Portal Germany – Court Information

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1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a - Gesetze im Internet
2. [2] Wohnraumförderungsgesetz (WoFG) - Gesetze im Internet
3. [3] Justice Portal Germany - Court Information