The Lease
German leases provide few surprises but that doesn’t mean you shouldn’t understand every word. Since you have no right to demand anything but a German contract, it may be worth getting some form of translation or having a German friend look over it. You will either be offered an unlimited lease or more likely one that is limited for a year or two. Although a landlord doesn’t have to let you out of a limited lease before it expires, most are willing to let you go if you shoulder the burden of finding a replacement tenant. Alternatively, you may also be able to sub-let the apartment if the lease allows. Most limited leases convert automatically to an unlimited agreement after expiration. These may be cancelled with three months’ notice. Leases only need to be signed by the tenant and landlord or their representative – they don’t need to be notarised or registered with the government.
The lease will define both the Kaltmiete, which is the basic rent for the flat, and Warmmiete, which is the Kaltmiete plus services. It may also include predefined rent increases, known as a Staffelmiete. Most agreements also require you to paint a flat or house before you vacate it. There is a lot of disagreement as to whether or not this is legal once tenants have stayed in a property for a reasonable period. Landlords will unanimously say tenants need to renovate before moving out, while the courts have given mixed signals. Although you might eventually win, it might just be easier to acquiesce to your landlord’s demands before leaving. If a landlord agrees to let you out of a lease early or if the next tenants agree to take over some responsibilities, get it all in writing. German courts are unwilling to consider verbal contracts.
The lease will define both the Kaltmiete, which is the basic rent for the flat, and Warmmiete, which is the Kaltmiete plus services. It may also include predefined rent increases, known as a Staffelmiete. Most agreements also require you to paint a flat or house before you vacate it. There is a lot of disagreement as to whether or not this is legal once tenants have stayed in a property for a reasonable period. Landlords will unanimously say tenants need to renovate before moving out, while the courts have given mixed signals. Although you might eventually win, it might just be easier to acquiesce to your landlord’s demands before leaving. If a landlord agrees to let you out of a lease early or if the next tenants agree to take over some responsibilities, get it all in writing. German courts are unwilling to consider verbal contracts.