Renting a Flat in Germany
Renting a flat can raise many questions: Who is renting it out? Who is acting as an agent, and who pays the estate agent's fees? Here you will find the most important information.
Owners and therefore landlords of flats can be private individuals, local authorities or companies. Flats are often not rented out directly by the owner, but through an estate agent or property management company. In Germany, the estate agent is paid by the person who commissions them.
In concrete terms, this means that if you commission an estate agent to find a suitable flat for you, you have to pay them. If an estate agent shows you a flat that you have found yourself, for example, on the internet, the estate agent is paid by the letting party.
Tenancy Agreement
An apartment is officially rented when both parties to the contract – i.e. you and the landlord – have signed the tenancy agreement for this apartment. This contract is legally binding for both parties.
You should therefore read the contract thoroughly before signing it and ensure that you understand all its contents. In addition, you should never move into an apartment without first signing a tenancy agreement.
A rental agreement should contain the following information:
- Full names and addresses of the contracting parties (i.e. landlord and tenant)
- Address of the rented flat
- Description of the rented flat (area in square metres, number of rooms, amenities – e.g. whether the kitchen is included in the rent)
- Duration of the tenancy (in the case of an open-ended tenancy agreement, the agreement runs until one of the parties terminates it. In the case of a fixed-term tenancy, the agreement ends automatically on the date agreed in the agreement)
- Basic rent (excluding additional costs)
- Additional costs (rent including utilities for heating, water, rubbish collection)
- Amount of the deposit
- Information on paying rent (bank details, payment deadline)
- Notice period (usually 3 months for the tenant. The notice period for the landlord depends on the length of stay and increases the longer the tenant lives in the flat.)
- Renovation conditions (you may have to renovate the flat when you move in or out, depending on the tenancy agreement and the length of the tenancy)
- Handover report
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If you need legal advice regarding your tenancy agreement, contact a local tenants' association.
A special feature of the tenancy agreement is the sublease agreement. This is used when an apartment is occupied not by a single tenant but by two or more persons (for example, in a shared flat). In this case, a main tenant rents the apartment and sublets it to one or more persons. The main tenant usually lives in the apartment themselves.
Deposit
Most landlords require a certain amount of money as a deposit before you move in. This may be up to three months' rent. The deposit is transferred to a special account when you move into the flat and is kept there. You will get the deposit back (with interest) when you move out. The prerequisite for this is that you have always paid the rent in full and that no major damage has been caused to the flat.
Rent and additional Costs
In Germany, apartment rent is paid monthly by direct debit or standing order. The rent consists of the basic rent and additional costs. The additional costs include heating, water, rubbish collection and other costs such as house cleaning. The total amount of the basic rent and additional costs is the warm rent.
The additional costs for heating and water usually depend on individual consumption. You pay a fixed monthly amount based on average consumption. Once a year, the water, gas and electricity meters are read to determine your exact consumption. If you have paid too much in advance, you will receive a refund. If you have paid too little in advance, you will have to pay the difference.
Electricity, Internet and Telephone Connection
Electricity, internet and telephone connections are not included in the rent and must be registered separately. You can find suitable providers via comparison websites online. There can be significant differences in price and service.
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It often takes several weeks for an apartment to have a working internet connection. You should therefore apply for an internet connection a few weeks before you move in.
Moving in – Handover of the Flat and Handover Report
Tenants in Germany enjoy good legal protection. Nevertheless, there are a few points you should pay particular attention to when moving into a flat. When the flat is handed over, it is essential to draw up a handover report. This report should list all defects or damage that already exist in the flat and that you notice when the flat is handed over.
This includes the condition of walls, floors, ceilings, windows, radiators, as well as the bathroom and kitchen. It is also important to read the water, gas and electricity meters so that the utility costs can be calculated correctly later on. The number of keys received should also be noted.
You should be very thorough when handing over the flat to avoid any problems when you move out. You can also take photos of any defects and damage. You and the landlord sign the handover report. Each party receives a copy.
Registering your Place of Residence
You must register yourself and your new place of residence with the Residents' Registration Office, also known as the Citizens' Office or Citizens' Bureau. You have two weeks after moving in to do this. To register, you must appear in person at the office, bring your identity card or passport and fill out a registration form.
Broadcasting Fee
Every household in Germany must pay a broadcasting fee, which funds public broadcasting (state television, radio, and the internet). Shortly after registering, you will therefore receive a letter from the ARD ZDF Deutschlandradio Contribution Service. The fee is currently €18.36 per month per household, regardless of how many people live in the apartment.