Checking your Mietvertrag: what to look at before you sign
Which clauses in a Mietvertrag (lease) to check before you sign, and what happens if one of them is void.
Before you sign, check the Kaution (deposit), the clauses on redecoration and small repairs, and how high the rent is. Have spoken promises written into the Mietvertrag, because only what is written there counts.
What to check in the Mietvertrag
You do not need to read every line like a lawyer. Most standard contracts fail on just a few points.
- 1
How high the Kaution is
The Kaution can be at most three Nettokaltmieten (three months' rent without service charges). You can pay it in three instalments (§ 551 BGB).
- 2
The clause on Schönheitsreparaturen
Schönheitsreparaturen are cosmetic repairs such as repainting. Rigid redecoration deadlines and Quotenabgeltung clauses are void.
- 3
The small-repairs clause
A small-repairs clause that sets no cap on what you pay is void.
- 4
How high the rent is
In a Mietpreisbremse (rent brake) area, the rent can be at most 10 % above the local comparable rent.
- 5
A ban on pets
A blanket ban on dogs and cats in a standard-form Mietvertrag is void.
- 6
Have spoken promises written in
Ask for everything you were promised to be written into the Mietvertrag.
Why this matters
Under § 307 BGB, a standard-form clause is void if it puts you at an unreasonable disadvantage. The rest of the Mietvertrag stays valid, and the law applies in place of the void clause.
General information, not legal advice.
Frequently asked questions
Does my Mietvertrag require me to redecorate when I move out?
You only have to redecorate if the Mietvertrag has a valid Schönheitsreparaturen clause, because by law redecorating is the landlord's job (§ 535 Abs. 1 S. 2 BGB). The BGH has struck down rigid deadlines and Quotenabgeltung clauses.
What happens if a clause in the Mietvertrag is void?
If a clause in the Mietvertrag is void, you do not have to follow it. The rest of the Mietvertrag stays valid, and the law applies in place of the void clause (§ 307 BGB).
Can a Mietvertrag ban pets?
A blanket ban on dogs and cats in a standard-form Mietvertrag is void (BGH, VIII ZR 168/12). Small animals such as hamsters or fish are always allowed.
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 tenantKleinreparaturklausel: when is it valid?All guides: Lease
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