What to check before signing a rental agreement
Deposit rules, service charges, notice periods, handover protocol and the warning signs of a rental scam.
Short answer
Read the contract for four things: the exact rent split between base rent and service charges, the deposit amount, the notice period, and who pays for small repairs. Never transfer money before viewing the flat and meeting the landlord or agency.
Step by step
- 1
Prepare a complete application folder
Landlords compare candidates in minutes. Have identification, proof of income, a SCHUFA credit report and a short introduction ready as one PDF.
- 2
Understand the rent structure
Kaltmiete is the base rent. Nebenkosten are the service charges on top, often settled once a year — a large annual bill is normal, so budget for it.
- 3
Check the deposit clause
German law caps the deposit at three months of base rent and allows payment in three instalments. It must be held separately from the landlord's own money and returned with interest after a correct handover.
- 4
Look for the cost-shifting clauses
Clauses about cosmetic repairs (Schönheitsreparaturen), small repair caps and renovation on move-out decide how expensive leaving the flat will be.
- 5
Insist on a handover protocol
At handover, record every existing defect in writing with photos, signed by both sides. This single document decides most deposit disputes.
Indicative timing
Standard notice for tenants is three months. Fixed-term contracts often cannot be ended early, so check the end date before signing.
Documents you need
- Identification
- Last three payslips or proof of income
- SCHUFA credit report
- Confirmation of no rent arrears from a previous landlord, if available
- Liability insurance details, often requested
Common mistakes
- Paying a deposit or 'reservation fee' before seeing the flat in person — the classic scam pattern.
- Signing without reading the service charge and repair clauses.
- Skipping the handover protocol and losing the deposit later.
- Assuming furniture in the photos is included; confirm it in writing.
Practical tips
- A tenants' association (Mieterverein) reviews contracts for a modest annual membership — cheap insurance for a long lease.
- Photograph meter readings on the day you move in and the day you leave.
- Answer viewing invitations within the hour: speed matters as much as the folder.
Final checklist
- Flat viewed in person or by a trusted contact
- Base rent and service charges clearly separated
- Deposit within the legal limit
- Notice period understood
- Repair and renovation clauses read
- Handover protocol signed with photos