Tenancy law: basics for tenants

In short: Tenancy law governs the rights and obligations between tenant and landlord and protects tenants in Germany comparatively strongly. Basic knowledge helps assess typical conflict situations better.

In more detail: Many disputes can be avoided if both sides know their rights and obligations.

In detail

• Lease agreement: A written contract with clear rules on rent, utility costs, and notice periods creates clarity for both sides.
• Deposit: The rental deposit may be at most three months’ net cold rent and must be kept separate from the landlord’s own assets.
• Utility cost statement: Landlords must settle utility costs annually; tenants have a right to inspect the receipts.
• Cosmetic repairs: Rigid clauses on renovation obligations when moving out are often invalid if unreasonably worded.
• Defects and rent reduction: Significant defects like mould or heating failure may entitle tenants to a rent reduction under certain circumstances.
• Notice periods: Tenants generally must give three months’ notice, while landlords often need longer periods for owner’s personal use.
• Tenant protection associations: Tenant associations offer advice in disputes with landlords (mietkaution, vorsorge-fuer-den-digitalen-nachlass).