Letting a furnished flat: law, rent and handover
Which rules apply when you let a furnished flat in Germany, and what matters at every handover.
Ordinary tenancy law applies to a furnished flat, unless you let it only for temporary use. Record every piece of furniture and its condition at move-in, and compare at move-out.
What to settle when you let a furnished flat
Furniture changes little about the law, but a lot about the handover. Settle these points before the tenant moves in.
- 1
Check the rent
Check whether the Mietpreisbremse (rent brake) applies. You can add a reasonable surcharge for the furniture.
- 2
Decide how long the lease runs
The lease can be open-ended, for temporary use, or fixed-term with a reason under § 575 BGB.
- 3
Cap the Kaution
The Kaution (deposit) can be at most three months' rent, not counting Nebenkosten (service charges), even if the furnishings were expensive.
- 4
Attach an Inventarliste
The Inventarliste (inventory list) names every item by room, with quantity, age and condition. Attach it to the lease.
- 5
Record everything at move-in
Record every room and every piece of furniture, including any marks that were already there.
- 6
Repeat it at move-out
Do the same walk-through at move-out and compare it with the move-in record.
Why this matters
Under § 538 BGB, the tenant does not have to pay for wear caused by normal use under the lease. That applies to furniture just as it does to walls. You can only deduct for damage beyond that wear, and only if the condition at move-in is certain.
General information, not legal advice.
Frequently asked questions
Does the Mietpreisbremse apply to furnished flats?
Yes, the Mietpreisbremse applies to a furnished flat if it applies where the flat is and the flat is not let only for temporary use. You can add a reasonable surcharge for the furniture to the permitted rent.
Can I let a furnished flat for one year only?
You can only limit the lease to one year if you have one of the reasons in § 575 BGB and state it in writing when the lease is signed. Otherwise the lease counts as open-ended.
Do I have to list the furniture in the lease?
No, you do not have to list the furniture in the lease. An Inventarliste attached to the lease shows what is let with the flat, though, and it is the basis for any later deduction.
Also in this topic: Möblierungszuschlag: how much surcharge is allowedHanding over a furnished flat: furniture and appliancesWear on furniture: what landlords may deduct in Germany
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