The German Rental Contract (Mietvertrag): Clause-by-Clause Guide

Contract types: befristet vs unbefristet

• Unbefristeter Mietvertrag – open-ended, no fixed end date. Most common.

• Befristeter Mietvertrag – fixed-term, ends automatically on a certain date, allowed only under specific legal reasons.

If you see a fixed-term, ask why and consider what happens at the end.

Parties and property

The contract will list:

• Landlord’s name and address

• Tenant(s)’ names

• Address and description of the rented property (flat, cellar, parking space)

Make sure the details match what you agreed verbally and what you saw.

Rent, Nebenkosten and deposit

Check these sections carefully:

• Basic rent (Kaltmiete)

• Service charges (Nebenkosten) and what they cover

• Total monthly payment (Warmmiete)

• How and when rent must be paid

• Deposit (Kaution): amount, payment method, how it’s held and returned

Duration, notice periods & termination

Look for:

• Start date

• End date (if fixed-term)

• Notice period for tenants (typically 3 months, but check your contract)

• Special clauses about termination (e.g. for personal use of landlord, Eigenbedarf)

If you’re unsure about your notice period, clarify it in writing.

Use of the property & house rules

This section often covers:

• Residential use only (no business)

• Rules about pets, smoking, noise, renovations

• Hausordnung (house rules) – sometimes attached as a separate document

Always read the Hausordnung – it affects daily life (quiet hours, rubbish, common areas).

Repairs, maintenance & cosmetic work

Common points:

• Landlord handles major repairs and structural issues

• Tenant is responsible for small repairs up to a certain limit (check if this clause exists and how high the limit is)

• Cosmetic repairs (Schönheitsreparaturen), such as painting – these clauses have been the subject of many court decisions; if the flat was already worn, obligations may be limited

If you don’t understand these clauses, get independent advice before signing.

Subletting and guests

Your contract will often require:

• Written permission for long-term subletting

• Notification if additional people move in permanently

Short visits from friends and family are usually fine, but turning your flat into a permanent Airbnb without consent is not.

Handover at move-in and move-out

Look for clauses describing:

• Condition of the flat at move-in

• Expectations for cleaning and repairs at move-out

• How damage is handled

Use a detailed handover protocol when you move in and out to avoid disputes.

Dispute clause & jurisdiction

Some contracts specify:

• Which court or city handles disputes

• How written notices must be delivered (post, email, etc.)

Keep all important communication in writing and save copies.

Before you sign

• Never sign under pressure

• Ask for a copy in advance and take time to read

• Highlight anything you don’t understand

• If needed, show the contract to a tenants’ association or lawyer

This one document can affect years of your life, so it’s worth taking seriously.