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This is consumer-protection guidance from official sources, not legal advice. Rules on rent levels (such as the rent brake) vary by city and were not on the pages we read.
At a glance
- Maximum deposit
- 3 months’ Kaltmiete
- Deposit instalments
- 3 equal monthly payments
- Agent commission cap
- 2 months’ base rent plus VAT
- Tenant notice
- 3 months, in writing
Your checklist
First steps
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Agents and fixed-term contracts
If a real estate agent is used, the commission is capped at two months’ base rent plus VAT. The landlord normally hires the agent, so the tenant usually should not pay, and agents may not demand advance payment. To check an agent, look for a Maklerschein (permission under § 34c GewO), a complete legal notice on the website and multiple listings.
Indefinite contracts are the most common. Contracts longer than one year and oral contracts are presumed indefinite, and fixed-term contracts are rare and allowed only in limited cases such as the owner’s own use or major renovation.
Deposit options and refund
The landlord generally invests the deposit at the usual rate for savings with a three-month notice period. Depending on the agreement, a bank guarantee equal to the deposit can replace cash.
After you return the flat, the landlord must repay the deposit with interest once all rent and utility charges are settled. The EVZ says this happens three to six months after the contract ends.
Rent increases and leaving
A market-adjustment increase needs three months’ notice, cannot exceed 20% over three years, and generally needs 15 months since the last increase. The landlord must justify it in writing and you have two months to accept or refuse.
To leave, give written notice, preferably by registered mail, with three months’ advance notice. In the EVZ example, notice given on 2 October ends the contract on 31 December. Where several tenants signed, one tenant cannot terminate alone.
Common questions
How much deposit can a German landlord ask for?
At most three months’ Kaltmiete (§ 551 BGB). You may pay in three equal monthly instalments.
Do I have to pay an agent’s commission?
The commission is capped at two months’ base rent plus VAT, and the party who hires the agent, normally the landlord, should pay it. Agents may not demand advance payment.
When do I get my deposit back?
The EVZ says three to six months after the contract ends, once all charges are settled.
How do I end a tenancy?
Give written notice with three months’ advance notice, preferably by registered mail. All tenants who signed must sign the notice.
How do I spot a rental scam?
Do not pay anything before signing and receiving the keys, be wary if the landlord cannot meet in person, and do not send copies of your ID. Report suspicious offers to the listing portal and the police if you were scammed.
Official sources
Read this first
- European Consumer Centre Germany: renting in GermanyContract contents, agents, rent increases, notice, handover and scams
- Stadt Gerlingen: Mietkaution (§ 551 BGB)Deposit maximum, instalments, separate investment, bank guarantee and refund
Rules can vary by nationality, work or study status, and city. Confirm your route with the official authority before you act.