Tenants Rights in Germany

Key Takeaways

• As an expat, you must know your rights as a tenant in Germany. Knowing your rights can save you thousands of euros, and you can talk to the landlord with confidence.
• The German tenancy law favors tenants. You shouldn’t be afraid of exercising your rights.

This is how you do it

• Get a membership in a tenant’s union (Mieterverein). They offer free advice on disputes among tenants and landlords. They can even support you in out-of-court issues.
• Get rechtsschutzversicherung (Legal protection insurance). It covers the lawyers and court fees.
• In our comparison and test, we found that Arag*—Aktiv-Premium, WGV—Optimal PBV, and KS-Auxilia*—Jurprivat are the best legal insurance plans.
• We have partnered with several English-speaking lawyers who can support you with different legal situations. Some of the lawyers even offer free initial consultation. You can book a call with the lawyers here.

Table of Contents

There is a big gap between the supply and demand of affordable housing in Germany. The situation is even worse in the major German cities like Munich, Berlin, Stuttgart, Frankfurt, etc.

Here are five illegal and common practices by some landlords in Germany.

1. A rental property with a fixed-term lease

Usually, rental contracts in Germany are valid for an indefinite time. But, you may find many landlords renting the apartment for a fixed period.

As per German law, a landlord needs a strong reason for drafting a limited-time contract.

For example, a landlord can only draw a limited-time contract if they or their relatives need the property. In this scenario also, the landlord needs to prove that they or their relative does not have any other place to live.

What can you do about it?

As there is a big gap between demand and supply, landlords take advantage of this situation. So, if you are in a hurry, you have to accept these terms.

But, you can always consult a lawyer or a tenants union (Mieterverein) for advice when in doubt. You can even consult a lawyer after signing the rental contract.

A lawyer can help determine if the landlord lacks a strong reason to draft a limited-time contract. In this case, a lawyer can help you get an unlimited contract.

💡NOTE: German tenancy law overrules the terms and conditions of the rental contract. Which means, the clauses in the rent contract must follow the German law, else they are invalid.

Often, expats don’t hire a lawyer because they lack legal insurance, and lawyers might be more expensive than the dispute amount.

However, here are a few things you should know.

• If you are right and win the case, your landlord pays the lawyers and court fees. In other words, you get back the lawyer fees after winning the case.
• A single letter from the lawyer is usually enough to get things done.

2. The landlord refuses to provide Wohnungsgeberbescheinigung

There is a big gap between the supply and demand of affordable housing. As a result, you will find many rental properties that do not provide Wohnungsgeberbescheinigung.

This occurs when a tenant is subletting the property without the landlord’s approval.

What can you do about it?

Unfortunately, there is nothing much you can do about it. The only option is to look for another property.

3. The landlord is not returning the security deposit

Many foreigners struggle to get their security deposit (Kaution) back.

Landlords follow this practice as most foreigners return to their homeland. Once they are back home, they either give up or forget about their security deposit.

It is an unethical and illegal way for landlords to earn money.

According to § 551 BGB, the landlord has to return the security deposit after the end of the tenancy. Moreover, the landlord cannot retain more money than needed.

Generally, landlords must return the deposit within six months. But, the time may extend depending on the situation.

What can you do about it?

If you find yourself in this situation, send a written complaint to the landlord. You can use our sample letter to request the deposit back.

If that doesn’t work, you can seek advice from a tenants’ union (Mieterverein) or a lawyer specializing in tenancy law.

If you have “Rechtsschutzversicherung (Legal protection insurance),” it’ll cover the legal costs.

In our comparison and test, we found that Arag*—Aktiv-Premium, WGV—Optimal PBV, and KS-Auxilia*—Jurprivat are the best legal insurance plans.

Unfortunately, no legal insurance provider in Germany offers services in English. Insurance agents like Feather* and Getsafe* offer basic English support. However, when you need legal advice, you must contact the insurance company, which only offers advice in German.

Feather and Getsafe sell Roland’s legal insurance plans.

4. Buying the furniture is a precondition to rent the property

Many people make buying the furniture or kitchen a precondition to rent the property. It is normally the previous tenant who makes such demands.

They even ask for an unfair price for their used furniture or kitchen. Again, it is because of the gap between supply and demand.

Sadly, you cannot do much about it.

5. The landlord deducts invalid charges from the security deposit

After the end of the tenancy, the landlord settles all the expenses with the tenant. The expenses are the utility charges (Nebenkosten), any damage to the property, etc.

The landlord sends you a receipt for your reference. Later deducts the costs, if any, from the security deposit (Kaution).

But, sometimes, landlords invent expenses that do not exist. They then deduct these expenses from the security to make money.

What can you do about it?

As you can guess, it is illegal to do so. Hence, if you think the landlord made up the expenses, you can get them checked.

You can contact a tenant’s union (Mieterverein) or a lawyer to proofread the settlement statement. If they find any discrepancies, they will contact the landlord on your behalf to fix them.

In the end

You should always file a written complaint (via registered post) to the landlord first. If your landlord doesn’t reply to your written complaint, contact a tenants union (Mieterverein) or a lawyer for support.

Often, expats don’t hire a lawyer because they lack legal insurance, and lawyers might be more expensive than the dispute amount.

However, here are a few things you should know.

• If you are right and win the case, your landlord pays the lawyers and court fees. In other words, you get back the lawyer fees after winning the case.
• A single letter from the lawyer is usually enough to get things done.

We have partnered with several English-speaking lawyers who can support you with different legal situations. Some of the lawyers even offer free initial consultation. You can book a call with the lawyers here.