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The Official website of the German Federal Ministry of the Interior and Community provides information and assistance about accommodation or medical care
https://www.germany4ukraine.de/hilfeportal-en
Privately organized
There is also the possibility of finding temporary accommodation via private initiatives – for example:
Apartments for rent can be found through local newspapers, housing associations (German: "Wohnungsbaugenosschenschaft") and various specialized search engines.
Some go-to websites are
Having a written lease agreement (German: “Mietvertrag”) is not mandatory in Germany. It is, however, highly advisable to have a written agreement. This helps to avoid problems if you and your landlord/landlady come into disagreements. Usually, the landlord/landlady will provide a standard lease agreement for the tenant to sign (see Question 11).
A lease agreement has to be made in writing, i.e., on a piece of paper and signed by hand by both parties (you and any other tenant as well as the landlord/landlady), if it has a fixed term longer than one year. If such an agreement is made without observing the written form, it will run indefinitely. This means that it can be terminated by you or the landlord with a termination notice (see Questions 17 to 19).
When moving into the apartment, the landlord/landlady will usually bring a handover protocol (German: “Übergabeprotokoll”). Therein, both parties describe the general condition of the apartment and list any defects that the apartment might have. Pay close attention to this process as the handover protocol will be decisive if there is disagreement about which defects were already present when you took over the apartment.
If you use a realtor to find an apartment, you may have to pay a fee for his/her services if you actually rent the apartment s/he proposed. This fee is legally capped at two months’ rent (excluding utilities) plus VAT. You only have to pay if you were the one who hired him/her; if the landlord/landlady wanted a realtor to get involved, s/he is the one who will have to pay the realtor. The landlord/landlady must not shift these costs to you.
When moving in, you typically have to pay a security deposit (German: “Kaution”). The amount depends on what you have agreed to in the lease agreement. However, the maximum deposit that can legally be agreed on is three full months’ rent (excluding utilities). You typically pay the amount up front, but you can also choose to pay it in up to three installments. Each installment will generally be due at the first day of each of the first three months of the lease. Even if your lease agreement says otherwise, you are allowed to pay in installments. Should your landlord/landlady not accept this, you should seek legal advice (see Question 20).
The monthly lease payment usually consists of two parts: the lease payment itself (so-called “Kaltmiete”, which means “cold rent”) and a fixed payment for utilities (“Nebenkosten” or “Betriebskosten”). Together, these two payments are called “Warmmiete”, which means “warm rent”. You have to make the total payment by the third business day (Monday to Friday) of each month. The payment method depends on what you have agreed with your landlord/landlady. For most lease agreements in Germany, rent is paid by bank transfer, but other payment methods are also possible. If you pay by bank transfer, you have to submit the transfer order to your German bank before their cut-off time on the third business day of the month. Note that repeated delayed payments are one of the most important reasons for early termination of lease agreements by landlords/landladys (see Question 17).
Under a German lease agreement, the tenant typically has to make one payment which consists of two parts: the lease itself (“Kaltmiete”, which means “cold rent”) and utilities (“Nebenkosten” or “Betriebskosten”). For more information, see Question 3-4. You will find these terms in most apartment listings, often just referred to as “kalt” or “warm”. The utilities payments usually contain costs for heating, water and wastewater, electricity costs for communal areas, and several other positions. Electricity for the apartment itself and some other items such as internet typically must be paid by the tenant directly to the suppliers. The tenant typically has to enter into corresponding contracts directly with the suppliers of the tenant’s choice.
However, other arrangements are possible. The monthly utilities payments to be made to the landlord/landlady during the first year of your lease are usually based on the amount that the previous tenant of the apartment payed per month. They should be based on a reasonable estimate. At the end of each year, the landlord/landlady has to compare how much the tenant has pre-paid for utilities with the tenant’s individual share of the total utilities cost of the building. This so-called “Nebenkostenabrechnung” (“final utilities calculation”) is subject to strict and somewhat complicated rules. Many “Nebenkostenabrechnungen” are not in accordance with the law and can be objected to under certain circumstances.
If you have the impression that something is wrong regarding your “Nebenkostenabrechnung”, you should get legal advice (see Question 20).
Yes. In most major cities, there are rent control regulations in place. The most important policy is called Mietpreisbremse (literally “lease price brake”). It stipulates that when a new lease agreement is concluded, the landlord/landlady cannot legally ask for a lease that is 10 per cent above the rent that is typical for the particular type of apartment in that particular area (German: “ortsübliche Vergleichsmiete”). There are documents provided by local governments listing typical rent levels for a number of different types of apartments in the different areas of towns and cities (so-called qualifizierter Mietspiegel). Unfortunately, they tend to be available in German only. There are several exceptions to the Mietpreisbremse, notably it does not apply to apartments in new buildings that were first used and let after 01.10.2014. The exceptions can be found in Sections 556e and 556f of the German Civil Code (German: “Bürgerliches Gesetzbuch” or “BGB”; available HERE (official German version) and HERE (unofficial English translation)).
In areas where "Mietpreisbremse" does not apply, there is still a limit on the amount of rent a landlord/landlady can legally ask for. However, such rents tend to be much higher and less easily determinable as they are mainly the result of court decisions in individual cases. As a rule of thumb, if the lease is more than 20 per cent above the typical rent in the area and there is a shortage of apartments in the town or city, this can constitute rent overcharge (German: “Mietpreisüberhöhung”), which could result in a fine for the landlord/landlady.
Rent increases are heavily regulated in Germany. Unfortunately, the rules are somewhat complicated. However, broadly speaking, there are two types of rent increases: those that are pre-agreed on in the lease agreement and happen automatically and those that happen during the course of the lease at the landlord’s/landlady’s request.
There are two types of pre-agreed, automatic increases: staggered rent (German: “Staffelmiete”) and indexed rent (German: “Indexmiete”).
Staggered rent means that the rent automatically increases by a certain amount after a pre-defined period of time. This period must not be shorter than one year. The amount of the increase and the new rent owed must be explicitly stated in the lease agreement. Please note that if you have agreed to a staggered rent with your landlord/landlady, s/he cannot increase the rent for other reasons (with the exception of increases in utilities payments).
Indexed rent means that the rent is tied to the consumer price index. If the consumer price index rises above or falls below a certain threshold, the rent rises or falls accordingly. This mechanism will be triggered by the landlord/landlady or you informing the other party that the rent needs to be changed because the threshold has been met. This can, however, only be done once a year as the rent must remain stable for one year at a time. Like in the case of staggered rent, other rent increases cannot be validly claimed if an indexed rent has been agreed (except for increases due to modernization and increases in utilities payments). In times of high inflation, like currently the case, an index rent can be problematic for tenants. This is because the consumer price index is also influenced by the inflation rate that can rise rapidly and subsequently lead to a quick increase of the index rent.
If your lease agreement contains neither a staggered nor an indexed rent, the landlord/landlady can, under certain circumstances, request to increase your rent. This must be done in written format (i.e., not orally, but email is fine) and the request must contain the reasons for the rent increase.
In most cases, three basic rules apply:
There are other types of rent increases, such as those based on modernizations of an apartment. The rules for those are more complicated.
If your landlord/landlady requests to increase your rent and you believe that the increase is unjustified, consider seeking legal advice (see Question 20).
Fixed-term leases are possible, but they are subject to several legal constraints. There are two types of fixed-term leases: those which run for a limited, pre-agreed maximum period of time (German: “befristeter Mietvertrag”) and those that run indefinitely, but for a minimum period of time because the parties have bound themselves not to terminate the agreement before a certain date (this is usually described as “Mindestmietzeit” or “Kündigungsverzicht”).
A lease agreement for a limited period of time can only be agreed on for a relatively narrow set of reasons. They are listed in Section 575 of the German Civil Code (German: “Bürgerliches Gesetzbuch” or “BGB”; available HERE (official German version) and HERE (unofficial English translation)):
Moreover, the landlord/landlady must explain those reasons to the tenant in writing, i.e. on a signed piece of paper. In practice, a written contract will typically be made including the agreement about the fixed term of the agreement. If the fixed term is longer than one year, having a written contract (on paper with both parties’ signatures) is mandatory.
If none of these reasons apply or if the required form is not met, the fixed term is likely void and the lease runs for an indefinite period of time.
A lease agreement with a minimum period is legally possible. However, German courts have regularly ruled such lease agreements to be void if the period was longer than four years. In such cases, termination before reaching the minimum period is generally possible. If a lease agreement with a minimum period longer than one year is agreed on, it has to be made in writing, i.e. on a piece of paper and signed by both parties by hand.
Generally, the same rules apply to apartments that are furnished as to those that are not. Typically, prices for furnished apartments will be higher than for unfurnished ones. While in principle the general rent caps apply to furnished apartments, too, it is much harder to determine what the relevant ortsübliche Vergleichsmiete is. This is because most towns and cities do not include furnished apartments in their “qualifizierter Mietspiegel” (see Question 7).
There is one other important difference between furnished and unfurnished apartments: If you are renting a furnished apartment from a landlord/landlady who remains in the apartment, and you rent this part of the apartment without family members or other people you share a household with, many of the rules protecting tenants do not apply. The landlord/landlady does not need a specific reason to terminate the lease, s/he can terminate it with a very short notice period of 15 days before the end of each month, and a fixed term can be made part of the lease agreement without any of the reasons that are usually necessary.
In a sublease scenario, you rent an apartment from someone who is him/herself the tenant of that apartment. Either s/he remains in the apartment, and you merely rent a part of it; or s/he moves out - while remaining the primary tenant - and you move in. In both cases, you only have a contract with the original, primary tenant, not the landlord/landlady. Generally speaking, the same rules apply to sublease agreements as to primary lease agreements between landlord/landlady and tenant. There are a few things to keep in mind, though. First, in order to sublet you an apartment, the primary tenant of the apartment needs the landlord’s/landlady’s permission (see Question 14). Ideally, get a confirmation from the primary tenant that s/he has received the landlord/landlady’s permission. Moreover, if you sublease an apartment, make sure you have a formal agreement with the primary tenant subletting their apartment to you. This can be useful to avoid conflicts and to protect your rights. Note that if the primary lease agreement ends, you will generally also have to leave the apartment.
Yes. Typically, the landlord/landlady will provide the tenant with a (largely) pre-filled agreement for both parties to sign. Some landlords/landladies use their own form agreements, others use templates that are available online. Many templates leave gaps to fill in or checkboxes to define some of the details of the lease.
In many cases, if a lease agreement is based on a form agreement or template, this can be beneficial to you if you encounter problems with your landlord/landlady. Generally speaking, when the landlord/landlady has predefined the terms of a lease agreement, they are subject to a stricter review by the courts in order to avoid the tenant’s being disadvantaged. There is a vast number of court decisions regarding different clauses in form agreements and their validity. It is beyond the scope of this introduction to go through them individually. If your landlord/landlady has used a form agreement and you come into disagreement with him/her over a clause that is to your disadvantage, consider seeking legal advice (see Question 20).
Visitors
You are allowed to have visitors stay with you in your rented apartment. Please note, that you must ask for your landlord’s/landlady’s permission if your guest wants to stay for a longer period. Typically, a visitor can stay for a maximum of four to six weeks at a time. Longer visits may be allowed under certain circumstances, for example to help family members or friends in a state of emergency. In this case, you should inform the landlord/landlady about the visitor and the reason for the extended stay.
Close family members who want to stay permanently
You are allowed to let close family members stay permanently in a rented apartment. Close family members are the tenant’s spouse, children and stepchildren. Parents and grandchildren are also considered close family members by some German courts. However, views differ here, and it is therefore advisable to talk to your landlord/landlady if you want your parents and/or grandchildren to stay in your apartment permanently.
“Third parties” who want to stay permanently
All other persons (siblings, partners, brothers/sisters-in-law of the tenant, visitors) are considered “third parties”. If they want to stay in the apartment permanently and are not yet mentioned in the lease agreement, you will have to ask the landlord/landlady for his/her permission.
The landlord/landlady cannot deny such permission if you have a legitimate interest in letting a “third party” stay in the apartment. When asking the landlord/landlady for permission you should briefly and reasonably describe, why you have an interest in the “third party” staying in your apartment. Your legitimate interest can be based on financial reasons, for example, if you cannot afford the rent alone. Also, family and personal reasons are widely recognized as a legitimate interest, for example, if you want to help family members that are in need or if your roommate moves out and you are looking for another one. Please note that your legitimate interest must arise after you signed the lease agreement.
The landlord/landlady can also ask for a reasonable increase in rent for additional persons living in the apartment.
In any case: avoid “overcrowding”
The size of your apartment and the number of its rooms limit the number of people that may stay in it to avoid so-called “overcrowding”. As a rule of thumb, every person or every two children under the age of 13 should have a separate room of about 12 square meters. This rule also applies to visitors that stay for a longer time. Overcrowding can be seen as a breach of the lease agreement and can – in continued cases – give the landlord/landlady a legitimate reason to terminate the lease agreement (see Question 17). The landlord/landlady can also deny his/her permission to let additional people stay in the apartment in cases of overcrowding.
In principle, yes. Before renting out (a part of) your apartment you must obtain the landlord/landlady’s permission, the abovementioned principles regarding “third parties” apply (see Question 12).
This depends on the lease agreement.
For more Information, see our chapter "PETS")
In general, if anything breaks in the apartment (a so-called “defect”), you must report it to the landlord/landlady. Please check your lease agreement whether the report must be made in writing. In any case, it is your obligation to report defects to the landlord/landlady as soon as you recognize that something is broken or not working properly.
The landlord/landlady then must fix the defect within a reasonable period of time. It is advisable to set a deadline for the landlord/landlady to fix the defect. For the period of time that the landlord/landlady fails to repair the defect, the tenant can lower the rent proportionally. This does not apply in the case of small, insignificant defects or if you caused the defect.
In case you caused the defect, you will have to fix it or pay for the repairs. Please note that when in doubt, the landlord/landlady will have to prove that you or someone you let into the apartment caused the defect.
Many lease agreements state that the tenant has to do and pay for “decorative repairs” (German: “Schönheitsreparaturen”) that become necessary due to regular wear and tear during the time the tenant stays in the apartment. In this case, you will have to conduct the relevant repairs, for example paint the walls to restore the condition they were in when you moved in. There are however strict requirements for such a clause to be valid as part of a “form agreement” (see Question 12). If the clause turns out to be invalid, you will not have to do any such "Schönheitsreparaturen".
Furthermore, lease agreements regularly contain a clause that require the tenant to pay for “minor repairs” (German: “Kleinreparaturen”), usually up to a threshold of € 100,00. As with “Schönheitsreparaturen” there are strict requirements for such a clause to be valid as part of a “form agreement” (see Question 12).
As a general rule, the landlord/landlady may only enter your apartment with your permission.
There are only a few, narrowly defined exceptions to this rule. The most important ones are the following:
The landlord/landlady is not allowed to keep (let alone use) a spare key to your apartment without your permission.
Your landlord/landlady can only terminate the lease agreement for very specific reasons:
In all these scenarios, the landlord/landlady needs to meet strict formal requirements if s/he wants to terminate the agreement. The termination notice (German: “Kündigung” or “Kündigungserklärung”) needs to be in writing (i.e., on a piece of paper and signed by hand) and clearly state the reason for the termination. If the termination notice fails to meet these standards, it is invalid.
In addition, the landlord/landlady must send you the termination notice at least three months before the date you have to move out of the apartment.
In very severe cases, an immediate termination is also possible.
If you receive a termination notice from your landlord/landlady, you should seek legal advice (see Question 20). There are often ways to argue that the termination is invalid, to object to the termination due to individual hardships or at least delay the termination of your lease agreement.
In case of a lease agreement for an indefinite period of time, you can terminate the agreement with three months’ notice.
You must deliver a termination notice to the landlord/landlady. For it to be in time, you must deliver the termination notice at the latest by the third business day of a month. Then, the lease agreement will end on the last day of the month after the next. Business days in this sense are all days except Sundays and national holidays. Please note that the notice has to reach your landlord/landlady on the third business day of a month.
Example: If you want to terminate the lease agreement by the end of July 2022, you will have to deliver the notice of termination on Wednesday, May 4th, 2022 at the latest (May 1st, 2022 is a Sunday, i.e. not a business day and therefore does not count). If the termination notice reaches your landlord/landlady after this date, the lease agreement will only be terminated by the end of August 2022.
The termination notice has to be in writing. This means it must be written on paper and signed by hand by all tenants that are listed as parties in the lease agreement. A termination notice via fax or email or an oral termination notice is not sufficient. The termination notice must be addressed to the landlord/landlady or landlady or, if there are several, to all of them.
You do not need to have any specific reasons for the termination.
If the lease agreement is limited to a certain period of time, neither the landlord/landlady nor the tenant can terminate the agreement before this period expires (see Question 8).
Please note that German tenancy law, while highly regulated, is to a large degree case law, so many legal questions regarding tenancy law are answered differently by courts in different places in Germany. Therefore, it is important that you talk to a person who is experienced in the field of tenancy law if you have specific questions or problems.
If you have problems with your landlord/landlady, it is always a good idea to get legal advice. Never sign a document the landlord/landlady presents to you, the meaning or implications of which you do not fully understand. This may harm your legal position in the future.
The first option is to talk to a lawyer. German lawyers can obtain a special qualification for tenancy law which ensures that they have special knowledge and experience in this field (German: “Fachanwalt für Mietrecht”). You can use the online search engine of your choice to find such specialized lawyers by searching for the terms “Fachanwalt für Mietrecht” + [Your city].
As a long-term second option, most German cities have a tenants’ association. These will provide legal advice for their members. If you want to join a tenants’ association, you will have to pay an annual fee that varies from city to city. To find a tenants’ association in your city you can use the search function provided by German Tenants’ Association (“Deutscher Mieterbund”, https://www.mieterbund.de/startseite.html) or use the online search engine of your choice by searching for the terms "Mieterverein" + [Your city].
Many tenants’ association also provide basic information on tenancy law in different languages.
Some examples are:
* No guarantee can be given for the correctness and completeness of the information published in the FAQ. The published FAQs contain general information that cannot reflect every individual case.
