Creating a Mietvertrag: what belongs in it
What a Mietvertrag (lease) must contain, and what to get right on written form, the Kaution (deposit) and clauses.
A Mietvertrag must name the parties, the flat, the rent with Nebenkosten (service charges) and the start date. Put any lease for more than a year in writing, and never ask for a Kaution of more than three net monthly rents.
What to put in the Mietvertrag
Four details are required. The other points decide how well the lease works day to day.
- 1
Name every party
Give the names and addresses of everyone who is a party to the lease.
- 2
Describe the flat
Give the flat's address and location, and list any extra rooms you let with it.
- 3
Split the rent in two
State the net rent and the Nebenkosten separately.
- 4
Set the start date
Write down the day from which the flat is let.
- 5
Put longer leases in writing
A lease for more than a year must be in writing. Otherwise it counts as open-ended.
- 6
Cap the Kaution
The Kaution can be at most three net monthly rents.
Why this matters
Under § 550 BGB, a Mietvertrag for more than a year counts as open-ended if it is not in writing. If you want a fixed term, you need a written lease.
General information, not legal advice.
Frequently asked questions
What has to be in a Mietvertrag?
A Mietvertrag must contain the names and addresses of all parties, the flat with its address, location and any extra rooms let with it, the rent with Nebenkosten, and the start date (§§ 535 ff. BGB). Terms on the Kaution, notice and redecoration are common, but not required.
Can I limit the Mietvertrag to a fixed term?
You can only set a fixed term if you have a reason the law allows, such as your own use of the flat, planned renovation or demolition (§ 575 BGB). You must state the reason in writing when you sign. Otherwise the lease counts as open-ended.
How high can the Kaution in the Mietvertrag be?
The Kaution can be at most three net monthly rents (§ 551 BGB). State the net rent and the Nebenkosten separately in the lease.
Also in this topic: Pets in a German rental: what landlords can do in 2026Kleinreparaturklausel: how to write one that is validMaklerprovision & Bestellerprinzip: who pays?
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