🏠 Overview of tenants' rights
In brief
Tenancy law for flats is mainly found in the Civil Code (Bürgerliches Gesetzbuch, BGB), from § 535. Many rules protect you mandatorily. That means: if the tenancy agreement says something worse for you, that clause is often invalid.
The key points:
- Deposit: at most three months' rent, excluding service charges.
- Termination by the landlord: only with a legitimate interest, in writing and with reasons.
- Service charges: you have twelve months after receiving the statement to raise objections.
- Defects: report them immediately. The rent may then be reduced.
- Rent arrears: if you pay in time, a termination notice can become invalid.
Deadlines in tenancy law are often short and strict. For every letter, check the date first. Get advice early, for example from a tenants' association (Mieterverein).
Step by step
- Keep the letter or messageKeep all letters from your landlord. Note the date on which you received them.
- Check the deadlineLook for deadlines in the letter. Read the matching topic page in this Wegweiser.
- Don't sign in a hurryDo not give your consent or promise any payment before you have understood the letter.
- Get adviceContact a tenants' association (Mieterverein) or use legal advice assistance (Beratungshilfe) if money is tight.
Deadlines
- This Wegweiser is information, not legal advice.
- Many deadlines run from receipt of the letter. Do not miss them.
- Not every clause in a tenancy agreement is valid. It is worth having it checked.
- Reforms such as "Mietrecht II" had not yet been passed as of September 2026.
In depth · legal basis, figures and practice – for advisers and professionals
Legal sources
Residential tenancy law is regulated in the BGB (§§ 535 ff.). Also applicable are, among others, the Operating Costs Ordinance (BetrKV), the Heating Costs Ordinance (HeizkostenV), the CO2 Cost Allocation Act (CO2KostAufG) and the Housing Benefit Act (WoGG). For eviction and eviction periods, the Code of Civil Procedure (ZPO) is decisive.
Mandatory tenant protection provisions
Many provisions cannot be waived to the tenant's detriment, for example § 551 Abs. 4 (deposit), § 536 Abs. 4 (rent reduction), § 558 Abs. 6 (rent increase) and § 573c Abs. 4 (notice periods). Deviating agreements are invalid.
State of legislation
The rent brake (§ 556d BGB) applies in areas with a tight housing market, which the state governments determine by ordinance. The ordinances must expire by the end of 31 December 2029 at the latest. According to the sources checked, the "Mietrecht II" bill (government draft of 29 April 2026, first reading in the Bundestag on 9 July 2026) had not yet been passed at the editorial cut-off. The previous law continues to apply.
Where disputes are decided
Residential tenancy disputes belong to the local court (Amtsgericht) at the location of the flat (§ 23 Nr. 2a GVG: subject-matter jurisdiction irrespective of the amount in dispute; § 29a ZPO: exclusive place of jurisdiction). The case law of the Federal Court of Justice (VIII Civil Senate) shapes many questions of interpretation.
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.