Wegweiser Small landlords · Renting out a flat, rights and duties Deutsch

🔑 Wegweiser Small landlords

Choosing tenants, deposit, rent level, service charges, termination, late payment and taxes: clear answers for private landlords with a few flats.

Legal position: September 2026. The rent brake (Mietpreisbremse, § 556d BGB) applies until 31 December 2029 at the latest. The "Mietrecht II" bill (government draft of 29 April 2026, BT-Drs. 21/6807; first reading in the Bundestag on 9 July 2026) is in committee and has not been passed; it is marked here as a planned reform. The Building Modernisation Act (Gebäudemodernisierungsgesetz) replaces the Building Energy Act (Gebäudeenergiegesetz) (BGBl. 2026 Nr. 226 of 28 July 2026; entry into force in stages, Art. 1 on 29 July 2026) and inserts §§ 5a, 5b into the CO2KostAufG. State law (ordinances on the rent brake, reduced rent increase caps, waiting periods and misuse of housing) varies by state and is not covered here. Sources and open points: Sources and limits. Information, not legal advice.

Frequently searched

📝 Tenancy agreement and deposit 📏 Rent level and rent brake 🧮 Service charge statement 📄 Termination and own use ⚖️ Late payment and eviction 🧾 Taxes on letting

All topic areas

📝Selection and contractOverview, choosing tenants, tenancy agreement and deposit.3 topics 💶Rent and increasesRent level, rent brake, rent increases, index-linked rent, graduated rent, modernisation.3 topics 🔧Operation and conditionService charges, defects, handover and energy.3 topics 📄Termination and late paymentOwn use, notice periods, rent arrears and eviction.2 topics 🧾Taxes and protectionRental income, insurance, subletting.3 topics 🤝HelpAdvice and contact points.1 topic

📝 Selection and contract

Overview, choosing tenants, tenancy agreement and deposit.

🔑Overview for small landlordsIf you rent out one or a few flats, you have clear duties and rights. This page shows the main topics and deadlines. 🧑‍🤝‍🧑Choosing tenants, AGG and self-disclosureWhom you may ask, what data you may collect and where the ban on discrimination applies. 📝Tenancy agreement and depositWhat the contract should say, how high the deposit may be and how you must invest it.

💶 Rent and increases

Rent level, rent brake, rent increases, index-linked rent, graduated rent, modernisation.

📏Rent level and rent brakeHow high you may set the rent at the start of the contract and which exceptions apply. 📈Rent increase up to the comparable rentWhen and how you may increase the rent in an existing contract: deadlines, cap, consent. 📊Index-linked rent, graduated rent and modernisationRent adjustment agreed by contract and the passing on of modernisation costs, with their limits.

🔧 Operation and condition

Service charges, defects, handover and energy.

🧮Service charge statementWhat you may pass on and by when the statement must reach the tenant. 🛠️Defects, cosmetic repairs, handover and returnWhen the tenant may reduce the rent, what applies to renovation clauses and how you secure handover and return. 🔥Energy, CO2 costs and heatingWho bears the CO2 costs of heating and what changed in building energy law in 2026.

📄 Termination and late payment

Own use, notice periods, rent arrears and eviction.

📄Termination and own useWhen you may terminate, which deadlines apply and how the waiting period for termination works. ⚖️Late payment and evictionFrom when you may terminate without notice for rent arrears, what grace-period payment does and how eviction works.

🧾 Taxes and protection

Rental income, insurance, subletting.

🧾Taxes on lettingRental income is taxable. This page gives basic figures on income, deductible expenses and depreciation. 🛡️Insurance for landlordsWhich insurance policies go with letting and which costs you may pass on to the tenant. 🏖️Subletting and holiday flatsWhen you must allow subletting and why short-term letting to tourists may be restricted under state law.

🤝 Help

Advice and contact points.

🤝Advice and contact pointsWhere you can find advice and representation as a landlord. Here we name only types of organisation, not addresses.

For reference

📕Keyword indexAll terms from A to Z, with links to the matching topic pages. 📜Sources and methodWhere the information comes from and what is expressly uncertain. 🏠Other target groupsTo the overview of all Wegweiser portals.

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.