Your tenants' association for carefree living in legal matters – become a member and benefit from the advantages!
99, -Euro per year
Tips for the move
When to renovate?
Cosmetic repairs only have to be carried out by the tenant if this has been expressly and, above all, effectively agreed in the contract. A number of pre-formulated contractual clauses on the performance of decorative repairs are ineffective according to the case law of the Federal Court of Justice because they lead to an unreasonable disadvantage for the tenant. A clause with a “rigid” schedule of deadlines is ineffective. Such a contractual agreement stipulates that the tenant must always renovate after the deadlines have expired, regardless of whether the wear and tear of the apartment makes renovation necessary at all. Clauses that oblige the tenant to carry out a final renovation are ineffective, regardless of when the last cosmetic repairs were carried out in the apartment. Before you start any renovation work in your old apartment, ask your tenants' association to check whether you owe any renovation work at all on the basis of your tenancy agreement. Irrespective of this, it is advisable to take photos of the condition of the apartment when you move in and out.
Commission payments to the broker
Estate agents may only charge commission if a rental agreement has been concluded as a result of their work. If estate agents themselves are owners, administrators, landlords or if the property is social housing, commission is not permitted. The broker's commission is limited to a maximum of two months' rent (plus VAT). Ancillary costs that are to be settled separately are not taken into account.
Notice periods
Tenants and landlords must comply with the notice period. A notice period of three months generally applies to tenants. Landlords must observe a staggered notice period. For tenancies of up to five years, the notice period is three months; after five or eight years, it is extended to six or nine months respectively. Fixed-term contracts (temporary tenancy agreements) are binding if a reason for the fixed term is stated in the contract itself. Subsequent tenants can only be found by agreement with the landlord or in exceptional cases, e.g. relocation for professional reasons.
Special right of termination
The special right of termination with short notice periods for tenants applies before modernization and for all rent increases (exception: operating costs and graduated rent). The previous rent applies until the tenant moves out.
Moving in at the start of the contract
The landlord must ensure that you, the tenant, can move into your new flat on time on the agreed contract date. The landlord must bear any additional costs incurred due to a delay in handing over the flat. This applies both in the event that the landlord himself has not finished work in the flat (laying floors, etc.) or in the event that the previous tenants have not vacated your new flat on time.
Processing fees on conclusion or cancellation of the tenancy agreement
Processing fees on conclusion or cancellation of the tenancy agreement may not generally be charged by landlords or property management companies. A so-called contract set-up fee of around 50 euros may be permissible if there is a special agreement between the tenant and landlord. If the tenant moves out as planned after the notice period has expired, so-called move-out fees are also not permitted. Something else may apply at most if the tenant and landlord agree that the tenant may terminate the tenancy prematurely.
Interest on rent deposits
The landlord must pay interest on rent deposits at the usual savings interest rate. A maximum of three basic rents may be demanded as security, which the tenant can pay in three instalments. This deposit must be invested separately by the landlord. The tenant should insist on a special account which he and the landlord can only access jointly.