Tenant rights in Germany: what the Civil Code gives you

The core duties on each side

Under § 535 BGB the landlord must hand over the home in a state fit for its agreed use and keep it in that state for the whole tenancy; the landlord also bears the burdens that rest on the property. The tenant must pay the agreed rent. Many of the protections below are mandatory: for most of them the Code says that an agreement to the tenant’s disadvantage is void (unwirksam). A clause in your lease that tries to waive them does not bind you.

Rent is due at the start of each rental period and at the latest by the third working day (§ 556b BGB).

Defects and rent reductions

If the home has a defect that removes its usability, § 536 BGB frees the tenant from paying rent for as long as that lasts. If usability is only reduced, the tenant pays an “appropriately reduced” rent. The statute sets no percentage table: the Code says only that a minor reduction is ignored. A reduction for a defect arising from energy-saving modernisation work is ignored for three months (§ 536 (1a)). Any clause that departs from this to the tenant’s disadvantage is void for residential tenancies (§ 536 (4)).

The tenant can also set off claims for repairs or overpaid rent against the rent, or withhold rent on them, if the intention is announced in text form at least one month before the rent is due (§ 556b (2)).

The deposit

A security deposit (Mietkaution) is capped at three times the monthly rent excluding service charges shown as a lump sum or prepayment (§ 551 (1)). You may pay it in three equal monthly instalments, the first at the start of the tenancy. The landlord must invest a cash deposit with a bank at the usual rate for savings with three months’ notice, separate from the landlord’s own assets, and the interest belongs to the tenant and adds to the deposit. A separate guide explains the details: rental deposit.

Protection against notice

An open-ended residential tenancy can be ended by the landlord only with a legitimate interest (§ 573 BGB). The statute names three typical ones: a serious breach by the tenant, the landlord’s own need for the home for the landlord or relatives or household members, and being prevented from an appropriate economic use of the property. Terminating in order to raise the rent is expressly excluded. The reasons must be stated in the termination letter, and the tenant can object on grounds of hardship (§§ 574 ff.). See owner-occupation notice and notice periods.

Exceptions exist. The protection against ordinary termination does not apply to housing let for temporary use, or to a room inside the landlord’s own home that the landlord furnishes, unless it was given for permanent use with family or a long-term household (§ 549 (2)). Student and youth hostels are also outside most of these rules (§ 549 (3)). Where the landlord lives in a building of no more than two flats, § 573a allows termination without a legitimate interest, with the notice period extended by three months.

Rent level and rises

Where a state ordinance designates a tight housing market, the rent at the start of a new tenancy may exceed the local comparative rent by no more than 10% (§ 556d BGB). Later rises up to the comparative rent are capped at 20% over three years, or 15% in areas designated by state ordinance (§ 558 (3)). See rent brake and rent increase caps. After a rise under § 558 or after modernisation, the tenant may also terminate on a special notice (§ 561): by the end of the second month after the notice arrives, effective at the end of the following month, and if the tenant does so the rise does not take effect.

Repairs, modernisation and subletting

The tenant must tolerate maintenance work that is needed (§ 555a), but the landlord must announce it in good time unless it is trivial or urgent, and reimburse reasonable expenses. Modernisation must be announced in text form at least three months before it starts (§ 555c), and the tenant can raise a hardship objection by the end of the month after the notice arrives (§ 555d).

If, after signing, you have a legitimate interest in letting part of the home to a third party, you may ask for permission (§ 553); the landlord can refuse only for an important reason concerning that person, overcrowding or other unreasonable grounds, and may link consent to an appropriate rent rise.

If the landlord sells

Under § 566 BGB, if the home is sold after being handed over to you, the buyer enters the existing tenancy (“a sale does not break a lease”). Your rights and duties continue with the new owner. Where flats are converted into condominiums and sold, further protections apply (a statutory restriction on owner-occupation notice and a pre-emption right, §§ 577, 577a).

Which professional to consult

A tenants’ association or a lawyer specialising in tenancy law can read your lease and your documents. For disputes about the amount of rent, a property valuer can give an opinion on comparative rent. The trade is described in property valuer; Payotte does not recommend individuals.