Before you sign
Most landlords use a pre-printed standard contract (Formularmietvertrag). Clauses in it that put you at an unreasonable disadvantage or break mandatory tenant protection rules are invalid — the rest of the contract stays in force, and the statutory rules apply instead. Even so, clear up open questions before you sign, read every annex, such as the house rules (Hausordnung), and keep a copy signed by both sides. Start with the basics:
- Type of contract: for a flat you live in, it should be a residential tenancy contract (Wohnraummietvertrag). Be careful with “commercial” or “partly commercial” contracts — much of the tenant protection may not apply to them.
- Parties: the landlord’s full name and address — you need them for letters, defect reports and your notice. Everyone who signs becomes a tenant, with full rights and full liability for the rent.
- The flat: address, floor and position (for example, “2nd floor left”), the rooms and the living area (Wohnfläche). If the flat turns out to be more than 10% smaller than stated, this counts as a defect, and the rent can usually be reduced.
- Extras: a cellar, attic room, parking space or garage should be listed in the contract — otherwise you may have no right to use them.
- Start date and promises: when the tenancy starts and when you get the keys. Any work the landlord has promised, such as repairing defects, should be written into the contract.
Open-ended or fixed-term?
The normal case is an open-ended contract (unbefristet). The landlord can then only terminate it for a reason recognised by law — for example, if they need the flat for themselves or their family (Eigenbedarf). A fixed-term contract (Zeitmietvertrag) is only valid if the landlord gives you the reason in writing when you sign: for example, that they want to live in the flat themselves afterwards or substantially rebuild it. Without such a reason, the contract counts as open-ended.
Many contracts exclude ordinary termination for a certain time (Kündigungsverzicht). In a standard contract, courts accept this for at most four years from signing; a waiver that binds only you as the tenant is as a rule only valid together with a graduated rent (Staffelmiete). Your notice period as a tenant is three months: your notice must be in writing with your own signature (an e-mail or messenger message is not enough) and reach the landlord by the third working day of a month — for example, by the third working day of March for the tenancy to end on 31 May. You do not have to give a reason.
Rent and running costs
- Kaltmiete (cold rent): the rent for the flat itself. On top come advance payments (Vorauszahlungen) for operating costs (Betriebskosten) and for heating and hot water. They are settled once a year, so you either pay extra or get money back; with a flat rate (Pauschale), there is no settlement.
- Ask to see the last utility bill settlement: advance payments that are too low lead to large back payments later. More in our guide on the utility bill.
- Staffelmiete (graduated rent): future increases are already fixed in the contract as euro amounts, at most once a year. While it runs, other increases — up to the local comparative rent or after a modernisation — are excluded.
- Indexmiete (index-linked rent): the rent follows the consumer price index, at most once a year and only after a written notice from the landlord (an e-mail is enough). Increases up to the local comparative rent are excluded, and increases after a modernisation are only possible in exceptional cases. When inflation is high, index rents can rise quickly; the federal government plans to limit such increases — check whether new rules already apply.
Mietpreisbremse: is the rent allowed?
In Berlin, the rent cap (Mietpreisbremse) applies across the whole city until the end of 2029. At the start of a new tenancy, the rent may as a rule be at most 10% above the local comparative rent (ortsübliche Vergleichsmiete). You can estimate this with the Berlin rent index (Berliner Mietspiegel) — the online calculator is at mietspiegel.berlin.de. Exceptions include flats first used and let after 1 October 2014, the first letting after a comprehensive modernisation and a higher rent already paid by the previous tenant. If the landlord relies on such an exception, they must tell you before you sign.
You can sign first and check afterwards. If the rent is too high, object to it in a letter or e-mail to the landlord (Rüge). If you do so within 30 months of the start of the tenancy, you can as a rule reclaim the excess rent from the very first month. Get advice before you send the objection.
Deposit and one-off payments
The deposit (Kaution) may be at most three months’ cold rent, without the advance payments. You may pay it in three equal monthly instalments; the first is due when the tenancy starts, not when you sign. The landlord must keep it separate from their own money and with interest, and the interest belongs to you. A payment just for the previous tenant moving out (Abstandszahlung) is not allowed; buying furniture from them is, as long as the price is not grossly excessive. How to get the deposit back later: getting your deposit back.
Repairs, pets and subletting
- Schönheitsreparaturen (decorative repairs such as painting walls, ceilings, radiators and doors): by law, this is the landlord’s job, but contracts often shift it to the tenant. Such clauses are often invalid — for example, if you move into an unrenovated flat without adequate compensation, or if the contract sets rigid deadlines or demands a final renovation regardless of when you last decorated. Take photos of the condition when you move in.
- Kleinreparaturen (minor repairs): a clause may make you pay for small repairs to things you use often, such as taps, light switches or door handles. As a rule, it is only valid with a cap per repair (courts often accept around €100, some up to about €120) and a yearly cap (often 6–8% of the annual rent). You only pay — the landlord arranges the repair; if a bill exceeds the cap, the landlord pays all of it.
- Pets: small animals such as hamsters, budgies or fish are generally allowed. A standard clause banning all dogs and cats is invalid; the landlord has to weigh up each case. Ask before you get a dog or a cat, and get the permission in writing.
- Subletting (Untervermietung): you need the landlord’s permission. If you later have a legitimate reason — for example, you want to share costs or your partner moves in — you can usually demand permission for part of the flat. Your spouse and children may move in without permission.
- House rules (Hausordnung): check the quiet hours and whether you have to clean the stairwell or clear snow yourself, or whether a company does it and the costs are part of the operating costs.
Furnished flats and “Wohnen auf Zeit”
The Mietpreisbremse also applies to furnished flats: the landlord may add a reasonable surcharge for the furniture, and you can ask how it was calculated. However, neither the rent cap nor the usual protection against termination applies if a flat is let only for temporary use. According to case law, this as a rule requires a special short-term need on your side, such as a project or an internship; simply calling a contract “Wohnen auf Zeit” is not enough. New federal rules for furnished and short-term lets are planned. If in doubt, have such a contract checked before you sign.
Moving in and getting help
On moving-in day, walk through the flat with the landlord and sign a handover report (Übergabeprotokoll): existing damage, meter readings and keys, with dated photos. It protects you later when you want your deposit back. Ask the landlord for the confirmation you need for your Anmeldung (Wohnungsgeberbestätigung). Our viewing checklist helps you spot defects before you sign.
If you are unsure, have the contract checked before you sign. Tenants’ associations (Mieterverein) advise their members for a yearly fee; legal costs cover often only applies after a waiting period, so join early. The Berlin districts also offer free tenant advice (Mieterberatung) — times and addresses are on berlin.de. Still looking? Read how to find a flat in Berlin or create a housing request on Flat-Radar.