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

Your Mietvertrag is the core of your tenancy. It defines what you pay, how long you can stay, and what you and your landlord can expect from each other. Here’s a clause-by-clause explanation in plain English.

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

To help you better understand the cost of apartments in Germany, read Warmmiete vs Kaltmiete vs Nebenkosten: What They Really Mean (Simple Guide) and

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, and 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:

The landlord handles major repairs and structural issues
The 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 is damage handled

Use a detailed handover protocol when moving in or out to avoid disputes. Download the Move-In Day Checklist for renters in Germany to ensure you do not miss a thing.