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

🔑 Overview for small landlords

If you rent out one or a few flats, you have clear duties and rights. This page shows the main topics and deadlines.

landlord tenancy law duties deadlines formal requirements state law overview

In brief

Renting out means: you enter into a contract and take on duties. Tenancy law protects tenants strongly. Formal errors can quickly cost you money.

  • Choose tenants fairly. Ask only what is necessary.
  • The deposit may be no more than three months' net rent excluding service charges.
  • The service charge statement must reach the tenant within 12 months after the end of the billing period.
  • You may only terminate with a legitimate interest, for example own use.
  • Rent is taxable (income from letting and leasing).

Some rules depend on the state or municipality, such as the rent brake. We mark these. Tenant side: see Wegweiser Tenants.

Step by step

  1. Clarify the areaAsk your state or municipality whether the rent brake or a ban on misuse of housing applies.
  2. Set up contract and deposit properlyUse a vetted contract and invest the deposit separately.
  3. Keep deadlines in a calendarNote the statement deadline, increase deadlines and notice periods.
  4. Act in writing and keep proofIncreases, statements and termination must be in the correct form and give reasons.

Deadlines

12 months
Service charge statement after the end of the billing period§ 556 Abs. 3 BGB
3 months' rent
Maximum rent deposit§ 551 Abs. 1 BGB
31 December 2029
Latest end of rent brake ordinances§ 556d Abs. 2 BGB
Watch out – common mistakes
  • Agreements that deviate to the tenant's disadvantage are mostly invalid for residential housing.
  • State law can tighten or extend rules; it was not researched here.
  • Mietrecht II is only a government draft and not yet law.
  • This text is not legal advice.
In depth · legal basis, figures and practice – for advisers and professionals

Structure

Wegweiser covers choosing tenants, tenancy agreement, rent level, service charges, termination, late payment, taxes, insurance and subletting. The tenant perspective is in Wegweiser Tenants; property tax (Grundsteuer), construction and condominium ownership are in Wegweiser Owners.

Mandatory tenancy law

Many provisions of residential tenancy law state that an agreement deviating to the tenant's disadvantage is invalid (for example §§ 551, 556d ff., 558b, 573c BGB).

State law

Rent brake areas (§ 556d BGB), the reduced rent increase cap (§ 558 Abs. 3 BGB) and the extended waiting period for termination (§ 577a BGB) are set by the state governments by ordinance. Law on misuse of housing is likewise state or municipal law. These ordinances were not researched; check the current position for your state.

Who is responsible
  • Haus & Grund (property owners' association, local branches)
  • Lawyer specialising in tenancy law
  • Amtsgericht (local court, in a dispute)
Further reading
Tenancy agreement and depositService charge statement

Quick questions

Worum geht es bei „Overview for small landlords“?
If you rent out one or a few flats, you have clear duties and rights. This page shows the main topics and deadlines.
Which deadlines and figures matter?
  • 12 months: Service charge statement after the end of the billing period (§ 556 Abs. 3 BGB)
  • 3 months' rent: Maximum rent deposit (§ 551 Abs. 1 BGB)
  • 31 December 2029: Latest end of rent brake ordinances (§ 556d Abs. 2 BGB)
What should I do first?
  • Clarify the area: Ask your state or municipality whether the rent brake or a ban on misuse of housing applies.
  • Set up contract and deposit properly: Use a vetted contract and invest the deposit separately.
  • Keep deadlines in a calendar: Note the statement deadline, increase deadlines and notice periods.
What do I need to watch out for?
  • Agreements that deviate to the tenant's disadvantage are mostly invalid for residential housing.
  • State law can tighten or extend rules; it was not researched here.
  • Mietrecht II is only a government draft and not yet law.
Evidence
  • Bundesministerium der Justiz, Gesetze im Internet, § 556 BGB, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet, § 551 BGB, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet, § 556d BGB, retrieved 20 September 2026
As of

September 2026 · Sources and method

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.