Tenant Lease Check Before Signing in Germany

As a tenant in Germany, you should remain calm before signing and systematically check which rights and obligations the lease contains. This guide leads you through five clear steps covering deadlines, the security deposit, utility charges and the condition of the apartment. It explains how to address smoke and odor nuisances without escalation, which documentation helps, and how students in shared flats can secure agreements sensibly. All advice is practical and easy to understand so you can minimize risks and be prepared in case of disputes. Understand legal terms, know when to meet deadlines, and learn which authorities and forms are relevant so you can effectively protect your tenant rights in Germany.

Five Steps Before Signing

1. Check deadlines (deadline): Note contract start, notice periods and handover date clearly; verify any special termination rights.
2. Clarify deposit & utilities (deposit): Ensure amount, account, due dates and a detailed utility statement; request written explanations for unclear flat fees.
3. Document condition & repairs (repair): Photograph defects at handover, make a list and give it to the landlord to avoid later disputes.
4. Read house rules & special clauses (notice): Check rules on pets, subletting, smoking and visitors; look for binding clauses in the lease.
5. Plan evidence collection (evidence): Gather emails, photos, handover protocols and witness contacts; keep all communication in writing.

Smoke and Odor Nuisance Without Escalation

Address issues politely first: describe time, frequency and type of nuisance in writing and request a joint solution. Provide concrete examples and attach photos or log entries. If no agreement is reached, set a reasonable deadline for remedy and indicate possible next steps. In case of ongoing impairment you may be entitled to reduce rent; accurate documentation and, if needed, legal advice are required^[1]. Try to avoid escalation and mediate between parties before considering court action.

Practical communication tips

• Contact the neighbor: Keep messages short, factual and solution-oriented by email or note.
• Document: Note date, time, odor type and possible witnesses.
• Check house rules: They often regulate smoking in common areas or apartments.

Special notes for students and shared flats

For sublets or shared contracts, students should ensure clear rules on notice periods, inventory, cleaning schedules and responsibilities. Specify who pays utilities and how joint deposits are managed. Use handover protocols when rooms are transferred individually. A written flatmate agreement can reduce recurring conflicts.

FAQ

What rights do I have regarding smoke or odor nuisance?

You can first seek a discussion and document defects. If impairment persists, rent reduction may be possible; check the legal prerequisites.^[1]

How do I secure my deposit correctly?

The deposit should be held in a separate interest-bearing or escrow account and the amount and repayment terms should be recorded in the lease.

Where do I turn in an eviction or termination dispute?

Rental disputes are usually first handled by the local Amtsgericht; appeals go to the Landgericht and major legal questions to the Federal Court of Justice (BGH).^[3]

How-To

1. Create documentation: Collect photos, messages and dates of the nuisance.
2. Send a written request: Set a remedy deadline (e.g., 14 days) and request a response.
3. Seek mediation: Try mediation or a discussion with the landlord.
4. Consider legal steps: If unsuccessful, consider rent reduction or legal action at the local court. ^[2]

Help and Support / Resources

• §535 BGB on Gesetze im Internet
• Zivilprozessordnung (ZPO) on Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet — BGB §535
2. [2] Gesetze im Internet — ZPO
3. [3] Bundesgerichtshof — Homepage