Wegweiser Tenants · Housing rights Deutsch

🏠 Overview of tenants' rights

What tenancy law protects, which deadlines matter most and where to look first.

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

  1. Keep the letter or messageKeep all letters from your landlord. Note the date on which you received them.
  2. Check the deadlineLook for deadlines in the letter. Read the matching topic page in this Wegweiser.
  3. Don't sign in a hurryDo not give your consent or promise any payment before you have understood the letter.
  4. Get adviceContact a tenants' association (Mieterverein) or use legal advice assistance (Beratungshilfe) if money is tight.

Deadlines

12 months
Objections to the service charge statement after receipt§ 556 Abs. 3 BGB
2 calendar months
Time to consent to a rent increase to the local comparative rent§ 558b Abs. 2 BGB
3 months
Notice period for the tenant§ 573c Abs. 1 BGB
Watch out – common mistakes
  • 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.

Who is responsible
  • Tenants' association (Mieterverein, member of the German Tenants' Association)
  • Local court (Amtsgericht) at the location of the flat
  • Lawyer specialising in tenancy law

Quick questions

Worum geht es bei „Overview of tenants' rights“?
What tenancy law protects, which deadlines matter most and where to look first.
Which deadlines and figures matter?
  • 12 months: Objections to the service charge statement after receipt (§ 556 Abs. 3 BGB)
  • 2 calendar months: Time to consent to a rent increase to the local comparative rent (§ 558b Abs. 2 BGB)
  • 3 months: Notice period for the tenant (§ 573c Abs. 1 BGB)
What should I do first?
  • Keep the letter or message: Keep all letters from your landlord. Note the date on which you received them.
  • Check the deadline: Look for deadlines in the letter. Read the matching topic page in this Wegweiser.
  • Don't sign in a hurry: Do not give your consent or promise any payment before you have understood the letter.
What do I need to watch out for?
  • 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.
Evidence
  • Bundesministerium der Justiz, Gesetze im Internet, § 556 BGB, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet, § 556d BGB, retrieved 20 September 2026
  • BMJV, press release Mietrecht II of 29 April 2026, and Bundestag hib (deliberation on 9 July 2026), 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.