Maklerprovision as a Tenant: When You Have to Pay (2026)
Maklerprovision as a Tenant: When You Have to Pay
As a rule, nothing at all, whoever engages the agent pays them (§ 2 Abs. 1a WoVermRG).
As a tenant you pay only where you yourself, provably, gave a search instruction. A clause shifting the fee onto you is void (§ 2 Abs. 5 WoVermRG); anything already paid can be reclaimed.
§ 2 Abs. 1a WoVermRGIn 60 seconds
Since 1 June 2015 residential letting follows the Bestellerprinzip: whoever engages the agent pays them (§ 2 Abs. 1a WoVermRG). Almost always that is the landlord.
You pay only where both apply: you yourself, provably, instructed the agent to search, and they obtained the flat solely because of your instruction.
Where the agent already had the flat on their books or received it from the landlord, you pay nothing, even if you contacted them and viewed it.
If exceptionally you do owe it, the fee is capped at two net monthly rents plus VAT. At 19% that is at most 2.38 net monthly rents (§ 3 Abs. 2 WoVermRG). Further fees are impermissible (§ 3 Abs. 3).
A clause shifting the fee is void (§ 2 Abs. 5 WoVermRG) even with your signature, and the agent risks a fine of up to €25,000 (§ 8 WoVermRG).
What the law says
A letting agent may demand a fee from the person seeking a home only where they obtained the landlord's instruction to offer the property solely because of that person's search instruction. That is the Bestellerprinzip: whoever engages the agent pays them, for residential lettings since 1 June 2015. Working translation; the German original is the binding text.
Renting or buying: who pays?
The Bestellerprinzip covers letting only; on a consumer purchase the halving rule has applied since 23 December 2020.
| Point | Renting | Buying (consumer) |
|---|---|---|
| Principle | the engager pays | buyer and seller split it |
| Provision | § 2 Abs. 1a WoVermRG | §§ 656c, 656d BGB |
| Tenant / buyer pays | usually nothing | as a rule half |
| Form of contract | — | text form (§ 656a BGB) |
The BGH has recently strengthened the halving rule: it applies where a third party concludes the agency contract, and to a single-family house with a small commercial element (BGH, 06.03.2025, I ZR 32/24).
Related: Checking a tenancy agreement before signing and How much Kaution is allowed?.
What it means for each side
- Do not sign a "search instruction" just to be allowed to view.
- Check whether the flat was advertised, then you owe nothing.
- Reclaim anything wrongly paid in writing (§ 812 BGB), with a deadline.
- Report the breach to the local authority if need be.
- You engage the agent, so you pay them.
- Shifting the fee to the tenant is void, even with their signature.
- Do not charge viewing or handling fees.
- On a sale the halving rule applies, not the Bestellerprinzip.
Common mistakes
If the agent already had it on their books, you owe nothing.
The clause is void, but you land yourself in an evidential fight you did not need.
Such fees are impermissible (§ 3 Abs. 3 WoVermRG).
The claim becomes time-barred three years from the end of the year (§§ 195, 199 BGB).
What to do next
Check whether the Bestellerprinzip applies: was the flat advertised, or already on the agent's books?
Gather evidence: the listing, emails, the fee invoice, proof of payment, the tenancy.
Reclaim the fee in writing (§ 812 BGB) with a reasonable deadline.
If the agent does not pay, report the breach: fines run to €25,000.
Frequently asked questions
As a tenant, do I have to pay the Maklerprovision?
Usually no. Under the Bestellerprinzip (ordering-party principle, § 2 Abs. 1a WoVermRG, in force since 1 June 2015), whoever orders the broker pays, and that is almost always the landlord. You only pay if you yourself gave a verifiable Suchauftrag (search instruction) and the broker found the flat solely because of it. If the broker already had the flat on offer, you pay nothing.
What is the maximum Maklerprovision when renting?
At most two months' rent (Nettokaltmiete, the net cold rent without operating costs) plus VAT (§ 3 Abs. 2 WoVermRG). At 19 % VAT that is a maximum of 2.38 Nettokaltmieten. This cap only matters if you may be charged at all, in most cases the landlord bears the commission.
Is a clause in the Mietvertrag that shifts the Maklerprovision onto the tenant valid?
No. An agreement obliging the housing seeker to pay a commission owed by the landlord is void (§ 2 Abs. 5 WoVermRG), even if you signed it. Commission already paid can be reclaimed under the rules on unjust enrichment (ungerechtfertigte Bereicherung, § 812 BGB).
What can I do if the broker still demands a commission from me?
You do not have to pay. Reclaim any commission already paid in writing (§ 812 BGB) and set a deadline. The broker is committing an administrative offence (Ordnungswidrigkeit) that can be fined up to 25,000 € (§ 8 WoVermRG); you can report it to the responsible Ordnungsamt. The claim for repayment lapses after three years (§ 195 BGB).
Who pays the Maklerprovision when buying a property?
When a consumer buys a flat or single-family house, the Halbteilungsgrundsatz (equal-split principle) has applied since 23 December 2020: buyer and seller share the commission (§§ 656c, 656d BGB). The Maklervertrag (broker contract) requires Textform (text form, e.g. email, § 656a BGB). The Bestellerprinzip under the WoVermRG applies only to renting, not to buying.
May the broker charge a viewing fee or processing fee?
No. Beyond the permitted commission, the broker may not charge any further fees. No registration, writing or viewing fees (§ 3 Abs. 3 WoVermRG). Such demands are unlawful and you do not have to pay them.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.