Check your Mietvertrag before signing (2026)

BildProof RedaktionUpdated 8/19/20264 min readGermany

Key points

Check your Mietvertrag before signing

Three things: the deposit, the redecoration and small-repairs clauses, and the rent brake.

You do not have to follow a void clause, but the rest of the contract stays valid.

In 60 seconds

The deposit may not exceed three net monthly rents and is payable in three instalments (§ 551 BGB); a clause demanding the whole sum at once is void to that extent.

Rigid redecoration deadlines are void because they would bite even on freshly painted rooms; so are pro-rata payment clauses (BGH, 18.03.2015 – VIII ZR 242/13).

A small-repairs clause without a per-item and an annual cap is void: the landlord then carries the small repairs too (§ 535 BGB).

In many cities the rent may exceed the local comparable rent by no more than 10% (the rent brake, § 556d BGB).

You need not follow a void clause; the rest of the contract stays effective, and there is no reading-down to the just-permissible level.

What the law says

Provisions in standard terms are void where, contrary to good faith, they unreasonably disadvantage the other party, in particular where they are incompatible with essential principles of the rule in the law. The contract otherwise remains effective, and the law takes the place of the void clause. Working translation; the German original is the binding text.
Paraphrased · § 307 BGB

Valid or void? The quick comparison

Clause in the contract	As a rule
Deposit over 3 net monthly rents	void (§ 551 BGB)
Deposit payable in one sum	void (§ 551 Abs. 2 BGB)
Redecoration with rigid deadlines	void (§ 307 BGB, BGH)
Pro-rata payment clause	void (BGH 18.03.2015)
Small-repairs clause without per-item/annual cap	void
Blanket pet ban (dog/cat)	void (BGH VIII ZR 168/12)
Waiver of termination beyond 4 years	void (BGH)
Rent > 10% over comparable (designated area)	void (§ 556d BGB)
Deposit up to 3 net rents, in 3 instalments	valid
Redecoration with flexible timing	usually valid
Waiver of termination up to 4 years	valid

What it means for each side

For tenants

Measure the deposit against the net rent, not the gross rent.
Check the repair clauses before you paint or pay at move-out.
Compare the rent against the Mietspiegel before signing.
Have verbal promises written into the contract, only what is in it counts.

For landlords

Do not use an old standard form; many of its clauses were struck down long ago.
Draft redecoration timing flexibly, not rigidly.
State a per-item and an annual cap for small repairs.
In tight markets, check the starting rent against the comparable rent.

Common mistakes

Signing blind

Standard forms often contain clauses struck down long ago.

Paying more than three net monthly rents

Or giving up the right to instalments. You need do neither.

Following a void clause

Redecorating voluntarily where no duty exists, for instance. You will not get that back.

Not writing verbal promises in

Only what is in the contract counts. And signing under pressure without checking the rent brake costs you for the whole tenancy.

What to do next

Check the deposit against the net rent and insist on the right to instalments.

Read the redecoration clause for rigid deadlines and pro-rata payment.

Check the small-repairs clause for a per-item and an annual cap.

Hold the rent against the Mietspiegel and get verbal promises written in.

Frequently asked questions

Which Mietvertrag clauses are void in Germany?

Commonly void clauses are: Schönheitsreparaturen with rigid fixed deadlines; a Kleinreparaturen clause without a per-repair and an annual cap; a Kaution above three Nettokaltmieten; a blanket ban on keeping pets (BGH, 20.03.2013, VIII ZR 168/12); and a Kündigungsverzicht (waiver of the right to terminate) longer than four years. Such clauses unreasonably disadvantage the tenant and are void under § 307 BGB. You do not have to follow them.

How much Kaution can the landlord demand?

At most three Nettokaltmieten (net cold rents). The rent alone, without Nebenkosten (service charges) and heating (§ 551 Abs. 1 BGB). You may pay the Kaution in three equal monthly instalments, the first at move-in (§ 551 Abs. 2 BGB). A higher deposit, or a duty to pay it all at once, is void.

Does my Mietvertrag require me to redecorate when I move out?

Only if a valid Schönheitsreparaturen (decorative repairs) clause is in the contract. By law, redecorating is the landlord's job (§ 538 BGB). The BGH has struck down rigid fixed-deadline plans and Quotenabgeltung (pro-rata payout) clauses (18.03.2015, VIII ZR 185/14 and 242/13), then you owe nothing.

Can a Mietvertrag ban pets?

A blanket ban on keeping dogs and cats in a standard-form clause is void (BGH, 20.03.2013, VIII ZR 168/12). Only a clause requiring the landlord's consent, weighing the interests case by case, is allowed. Small animals such as hamsters or fish are always permitted regardless.

What happens if I sign a contract with a void clause?

A void clause is invalid from the outset (§ 307 BGB). It does not bind you, and the rule in the law applies instead. The rest of the Mietvertrag stays valid and does bind you. A clause does not become valid just because you signed.