'Tenant rights in Germany: eviction, rent increases, repairs, and

Tenants in Germany are better protected than newcomers often think: a landlord cannot simply evict a tenant, enter the apartment without consent, raise the rent at will, or keep the deposit because of ordinary wear and tear. But that protection works only when the tenant documents the problem in writing, observes deadlines, and does not take risky steps without first checking the contract.

This overview explains the basics of residential tenancy law: when a Kündigung is possible, how to review a Mieterhöhung, what to do about defects in the apartment, when a Mietminderung is allowed, and how the Kaution is returned.

Open-ended Mietvertrag: why it is hard to evict you

If you have an unbefristeter Mietvertrag, the contract does not end on its own. The sale of the apartment, a change of owner, or the wish to rent it out for a higher price does not cancel the agreement. German law follows the principle Kauf bricht nicht Miete: the buyer of the apartment becomes the new landlord and takes over the existing contract.

A landlord may terminate a residential lease only if there is a legitimate interest, berechtigtes Interesse. In practice, three groups of reasons are the most common:

• serious violations by the tenant, for example long-term non-payment of rent, systematic noise, or substantial damage to the property;
• Eigenbedarf, when the apartment is genuinely needed by the owner, members of the owner’s family, or the household;
• the impossibility of reasonable economic use of the property, if continuing the tenancy prevents a permitted reconstruction or use of the building.

A simple phrase like “I am selling the apartment” or “I want to rent it out for more” is not, by itself, sufficient grounds for eviction. Notice of termination must be in writing and must state the reasons. If you receive a Kündigung, do not respond orally and do not sign a move-out agreement until you have had the document checked by a Mieterverein, a lawyer, or a tenant advice service.

Rent increase: what the landlord has to prove

A landlord cannot raise the rent arbitrarily. For a normal increase up to the ortsübliche Vergleichsmiete, the landlord must follow the rules of the BGB: justify the demand in writing, refer to the Mietspiegel, comparable apartments, an expert opinion, or another permitted method, and stay within the applicable limits.

What to check in a Mieterhöhung:

• whether the new amount and the date from which it is supposed to apply are stated;
• on what basis the local comparative rent was calculated;
• whether there is a Mietspiegel for your city;
• whether the deadlines between rent increases were observed;
• whether the Kappungsgrenze was exceeded;
• whether your contract is an Indexmiete or Staffelmiete, which follow different rules.

In many cases, the increase requires the tenant’s consent. If the demand looks questionable, do not ignore the letter, but do not agree automatically either. First ask for the calculation, compare it with the Mietspiegel, and get advice.

The landlord cannot enter without your consent

A rented apartment remains your home. Even if the landlord has a key, they are not allowed to enter without permission, carry out surprise inspections, or bring in buyers or new tenants without agreeing on the time in advance.

Access may be needed for repairs, meter readings, an inspection of a defect, a sale evaluation, or a viewing of the apartment, but the date and time usually have to be agreed beforehand. Exceptions apply in emergencies and cases of danger, such as a fire, a burst pipe, or a gas leak.

If the landlord entered without consent, document the situation: date, time, witnesses, messages, and photos of any damage. In serious cases, you can go to the police or a lawyer, because it may amount to a violation of the inviolability of the home.

Repairs and Schönheitsreparaturen

The landlord is responsible for keeping the apartment in a condition fit for living. They must remedy substantial defects: problems with heating, plumbing, electricity, leaks, windows, doors, and the structural elements of the building.

A tenant can be obliged to carry out Schönheitsreparaturen only if there is a valid clause in the contract. Rigid wording, such as a mandatory repainting every few years regardless of the apartment’s condition, or a requirement to return the place fully renovated in any case, is often invalid.

A tenant usually does not have to pay for:

• major repairs;
• replacement of worn-out elements due to normal aging;
• removal of mold if the cause is a construction defect or faulty ventilation of the building;
• improvements to the apartment for the next tenant;
• repairs that were not lawfully shifted to the tenant by contract.

If the landlord demands that you pay for repairs, ask them to identify the exact contract clause and legal basis. Do not transfer money and do not order work just because of verbal pressure.

Mietminderung: when you can reduce the rent

Mietminderung is a rent reduction because of a defect in the apartment. The basis arises when the defect noticeably reduces the usability of the home: the heating does not work, there is mold, a leak, constant construction noise, a broken elevator in a building where it is important for access, or other substantial problems.

A safe order of action:

1. Immediately inform the landlord about the defect in writing.
2. Describe the problem and attach photos, videos, witness statements, or measurements.
3. Give a reasonable deadline to fix it if the situation is not an emergency.
4. Keep all correspondence and receipts.
5. Before actually lowering the payment, get advice about the appropriate amount of the Mietminderung.

The main risk is reducing the rent too much. If the amount turns out to be excessive, the tenant may end up in arrears. That is why it is better not to take the reduction amount from random tables on the internet, but to check it against court practice and professional advice.

Kaution: how the deposit is returned

The Kaution protects the landlord against real debts and damage, but it does not become the landlord’s money. By law, a cash deposit for residential rent is limited to three monthly Kaltmieten and must be kept separately from the landlord’s assets.

After the move-out, the landlord may withhold the deposit only within reasonable limits and only for justified claims. They may keep part of the amount until the final Nebenkosten statement if an additional payment is expected, but they must return the undisputed part.

Lawful reasons for withholding may include:

• unpaid rent;
• confirmed arrears in utility statements;
• real damage beyond normal wear and tear;
• unfulfilled repair obligations, if the corresponding contract clause is valid.

Normal wear, minor signs of use, a wish to freshen up the apartment for the next tenant, or preventive repainting are not automatic grounds for taking the entire deposit.

What to do if your rights are being violated

Act in writing and stay calm. In German tenancy disputes, documents, deadlines, and evidence matter.

• Collect the Mietvertrag, Übergabeprotokoll, letters, bills, photos, and correspondence.
• Write to the landlord by email or letter, and send important notices in a way that lets you prove they were received.
• Do not stop paying rent completely without advice.
• Do not sign an Aufhebungsvertrag, Schuldanerkenntnis, or consent to a rent increase if you do not understand the consequences.
• Contact a Mieterverein, Verbraucherzentrale, or a Fachanwalt für Mietrecht.
• If there is an urgent threat of eviction or court documents arrive, react immediately.

Common tenant mistakes

Mistake	Why it is risky	Better approach
Agreeing on important matters only verbally	It becomes hard to prove the terms later	Confirm everything in writing
Ignoring a Mieterhöhung or Kündigung	You may miss the deadline to respond	Check the document immediately
Sharply reducing the rent on your own	It can create arrears	First assess the proper Mietminderung
Paying for repairs under pressure	It can be difficult to recover the money	Check the contract and the actual obligation
Moving out after the apartment is sold	The sale does not end the tenancy	Wait for lawful notice and get advice

FAQ

Can I refuse to let the landlord into the apartment?

Yes, if the visit was not agreed and there is no emergency. But if there is a lawful reason for an inspection or repair, the tenant must offer a reasonable time for access.

Does selling the apartment mean I have to move out?

No. The new owner becomes your landlord and takes over the existing Mietvertrag. Eviction is possible only if there is a separate lawful reason.

Do I have to paint the walls when I move out?

Only if the contract contains a valid Schönheitsreparaturen clause and the condition of the apartment actually requires such work. Rigid automatic obligations are often disputable.

When will the Kaution be returned?

There is no fixed same-day deadline. The landlord gets a reasonable amount of time to review claims and Nebenkosten, but must return the undisputed part and justify any deductions.

Where can I turn without paying for an expensive lawyer?

Most people start with a Mieterverein or the Verbraucherzentrale advice service. If you have already received a court document or a Kündigung, it is better to look for a Mietrecht lawyer quickly.