Maklerprovision and the Bestellerprinzip: who pays the agent?
When you as the landlord pay the Maklerprovision (agent's fee), and what you cannot pass on to the tenant.
Whoever hires the agent pays the agent's fee. When you let a flat, that is almost always you. Include the fee in your costs, and do not put a clause in the lease that passes it on to the tenant.
Who pays the agent?
Since 1 June 2015, a rule called the Bestellerprinzip has applied to residential lettings.
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What the Bestellerprinzip means
Whoever hires the agent pays them.
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Usually the landlord pays
If you hire the agent to let your flat, you pay the fee.
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The tenant pays only as an exception
The tenant only pays if they hired the agent themselves and the agent found the flat only for them.
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You cannot pass the fee on
An agreement that passes the fee on to the tenant is invalid, even if the tenant signed it. It can cost you a fine of up to €25,000.
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No extra fees
Fees for viewings or paperwork are not allowed.
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Sales are different
The Bestellerprinzip does not apply when a property is sold. In a sale, both sides share the cost.
Why this matters
Under § 2 Abs. 1a WoVermRG, an agent can only charge the person looking for a flat if the agent offers the flat solely because that person asked them to search. In every other case, whoever hired the agent pays.
General information, not legal advice.
Frequently asked questions
Can I pass the agent's fee on to the tenant?
No, an agreement that passes the agent's fee on to the tenant is invalid (§ 2 Abs. 5 Nr. 2 WoVermRG), even if the tenant signed it. If you try anyway, you risk a fine of up to €25,000 (§ 8 WoVermRG).
Does the tenant pay if they contacted the agent themselves?
No, not if the agent already had the flat on their books or got it from you. The tenant only pays if they hired the agent themselves and the agent found the flat only for them.
How high can the agent's fee be for a rental?
The agent's fee can be at most two months' net base rent plus 19% VAT (§ 3 Abs. 2 WoVermRG). This limit only applies if the tenant owes the fee at all.
Also in this topic: Staffelmiete or Indexmiete: how to agree itPets in a German rental: what landlords can do in 2026Kleinreparaturklausel: how to write one that is valid
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