Maklerprovision: when tenants have to pay
Who pays the letting agent under the Bestellerprinzip (whoever hires the agent pays), and what to do if the agent still asks you for money.
As a tenant you normally pay no Maklerprovision (agent's fee), because whoever hires the agent pays them. If you paid a fee you did not owe, ask for the money back in writing and set a deadline.
When do you pay an agent's fee?
You almost never pay. Here is when you owe nothing, and the exception in which you do owe a fee.
- 1
Whoever hires the agent pays
This rule is called the Bestellerprinzip. The person who hires the agent is almost always the landlord.
- 2
An advertised flat costs you nothing
If the flat was advertised or already on the agent's books, you owe nothing.
- 3
You pay only if you hired the agent
You only pay if you yourself asked the agent to search for you, and that can be proved.
- 4
A clause cannot shift the fee to you
A clause that shifts the fee onto you is void, even if you signed it.
- 5
The fee is capped
If you do owe a fee in an exceptional case, it is at most 2.38 net monthly rents.
- 6
You can claim a fee back
You have three years to claim back a fee you paid, counted from the end of the year in which you paid.
Why this matters
Under § 2 Abs. 1a WoVermRG, an agent can only ask someone looking for a flat for money if the agent acted solely because that person asked them to search. The rule since 1 June 2015: whoever hires the agent pays them.
General information, not legal advice.
Frequently asked questions
What can I do if the agent still asks me for a fee?
You do not have to pay the agent. If you already paid, ask for the money back in writing and set a deadline (§ 812 BGB). The agent risks a fine of up to €25,000 (§ 8 WoVermRG), and you can report them to the Ordnungsamt (local authority).
Can the agent charge a viewing fee or a processing fee?
No, the agent cannot charge any other fee on top of the permitted agent's fee (§ 3 Abs. 3 WoVermRG). You do not have to pay a viewing fee or a processing fee.
How long do I have to claim back an agent's fee I already paid?
Your claim to get the fee back expires three years after the end of the year in which you paid (§§ 195, 199 BGB). Ask for the money back in writing and set a deadline (§ 812 BGB).
Also in this topic: Renting in Germany as a foreignerEinbauküche from the previous tenant: Ablöse and move-outPets in a German rental: your rights as a tenantAll guides: Lease
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