Tenant Rights for Furnished Rentals in Germany
Many tenants in German cities rent furnished apartments for short or medium terms — this raises specific questions about leases, security deposits, operating costs and notice periods. This guide explains for tenants in Germany in plain language which contract clauses are permissible, how to report defects, when rent reduction is possible and which deadlines apply. It names concrete forms, authorities and courts, explains relevant sections of the BGB and shows practical steps for documenting damage, communicating with the landlord and, if necessary, going to the local court. Also read how move-in and move-out rules, inventory lists and liability issues for furnished housing can be properly regulated.
Contract Types and Key Clauses
For furnished apartments, fixed-term leases, subletting agreements or short-term lets are common. Check duration, notice periods and inventory lists carefully; many clauses are only permissible under certain conditions according to the BGB.[1]
- Fixed-term lease: clear end date and return conditions.
- Open-ended lease with inventory list: standard notice periods apply.
- Subletting: obtain written permission from the landlord.
Deposit, Operating Costs and Billing
The security deposit is usually a maximum of three months' rent; define how furniture depreciation or repairs will be billed. Operating cost statements are subject to the Operating Costs Regulation and must be comprehensible.[3]
Defects, Rent Reduction and Repairs
For defects (e.g., no heating, mold, faulty sanitary facilities) report them in writing and set a reasonable deadline for remediation. Document date, time, descriptions and photos; prolonged impairments may justify a rent reduction. If the landlord does not respond, the next step is often to seek clarification at the local court.[1]
Communication and Evidence
Use email plus registered mail for formal notices. Collect all receipts: photos, messages, invoices and witness statements. A structured file helps in negotiations or court proceedings.
- Photos and videos: note date and time.
- Correspondence: save emails, SMS and letters.
- Invoices and estimates: keep originals.
Termination and Deadlines
The same legal principles on termination generally apply to furnished tenancies as set out in the BGB; exceptions can exist for short-term lets or special agreements. Before terminating, check deadlines, receipt of notice and form requirements; if unsure, seek advice from the local court or a consumer information service.[2]
What the Court Handles
Tenancy disputes usually start at the local court; higher instances are the regional court and the Federal Court of Justice for precedent decisions. Use the court-provided complaint forms and procedural information when filing a claim.[2]
Frequently Asked Questions
- Can the landlord charge an extra monthly fee for furniture?
- Yes, if clearly stated in the lease and transparent in price; unclear or surprise extra fees can be contested.
- What should I do if damage appears after moving in?
- Report damage immediately in writing, document with photos and request remediation within a deadline. If the landlord does not act, consider rent reduction or legal action.
- Am I liable for furniture if I leave early?
- This depends on the contract clause; normal wear and tear is expected without liability, but damage can result in costs.
How-To
- Step 1: Read the lease carefully and create an inventory list.
- Step 2: Report defects immediately in writing and set a deadline.
- Step 3: Collect evidence (photos, witnesses, messages).
- Step 4: If disputed, prepare and file a claim at the competent local court and use the available forms.[4]
Help and Support
- BGB §535 ff. — Rules on tenancy
- ZPO — Information on court proceedings
- Operating Costs Regulation (BetrKV)
