Mietvertrag: Reviewing the Rental Contract

Quick scan for illegal clauses before signing: warm/cold rent split, contract type, renovation obligations that German courts routinely strike down.

✓ Verified: 15/07/2026

WHAT TO DO

Check the rent breakdown: Warmmiete = Kaltmiete + Nebenkostenvorauszahlung (utilities advance)

Identify contract type: unbefristet (open-ended) or befristet (fixed-term, § 575 BGB — requires a stated reason)
Review Schönheitsreparaturen clauses: rigid schedules (e.g. 'repaint every 3 years') are void under BGH case law
Confirm Kündigungsfrist (notice period) — standard for tenants: 3 months (§ 573c BGB)

What is it and when to do it?

The Mietvertrag governs the rights and obligations of the tenancy. German standard-form contracts often include clauses that courts have repeatedly declared void — but you only discover this when you move out. Read the entire contract before signing — you have the right to take a copy home for review.

Key things to check

Rent:
Make sure the Warmmiete is broken down into Kaltmiete and Nebenkostenvorauszahlung. If it isn’t, request the breakdown in writing before signing.

Contract type:
An unbefristeter (open-ended) contract is the norm and better for tenants. A befristeter (fixed-term) contract under § 575 BGB is only valid when the landlord states a specific, legally permitted reason — personal use (Eigenbedarf), planned demolition, or substantial renovation. Fixed-term contracts without a stated reason are typically void.

Renovation:
BGH case law has consistently struck down Schönheitsreparaturen clauses with rigid timelines. Even if such a clause appears in your contract, you are not legally bound to comply — when in doubt, consult the Mieterverein (tenants’ association).

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Max recommends:

I signed the contract on the spot because the landlord was in a hurry. It turned out there was a clause requiring full redecoration at move-out. The Mieterverein told me it was void — but the stress was real. Always take the contract home overnight.

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Lea recommends:

Check the subletting clause. If you ever plan to take on a flatmate or list a room on Airbnb, make sure the contract allows it or at least requires the landlord's consent rather than imposing an outright ban.

FREQUENTLY ASKED QUESTIONS

What is the difference between Warmmiete and Kaltmiete? ▾

Kaltmiete is the base rent excluding all utilities. Warmmiete = Kaltmiete + Nebenkostenvorauszahlung (monthly advance payment covering heating, water, building maintenance, etc.). Once a year the landlord issues a Nebenkostenabrechnung — an annual settlement. If the advances were too low, you pay the difference; if too high, you receive a refund.

Which renovation clauses are automatically void? ▾

Schönheitsreparaturen clauses with rigid timetables (e.g. 'repaint kitchen and bathroom every 3 years') have been struck down by Germany's Federal Court of Justice (BGH) in a long line of rulings (e.g. BGH VIII ZR 361/03). Clauses requiring full redecoration at move-out regardless of actual condition are equally unenforceable.

Can the landlord ban pets entirely? ▾

A blanket pet ban in a standard-form lease is generally void for small animals (cats, hamsters, small dogs) under BGH case law. Large breeds or exotic animals give landlords more discretion. If pets are important to you, clarify in writing before signing.

Mietvertrag: Reviewing the Rental Contract

What is it and when to do it?

Key things to check

FREQUENTLY ASKED QUESTIONS

OFFICIAL SOURCES