'Moving into an Apartment in Germany: Checklist for the Mietvertrag and
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Before moving into a rental apartment in Germany, it’s important to check not only the Mietvertrag itself but also the condition of the apartment on the day the keys are handed over. It’s best to document all defects, meter readings, the number of keys, and any agreements in writing in the Übergabeprotokoll: when you move out, this document and the photos will help prove the condition of the apartment when you first moved in.
What to Check in the Mietvertrag Before Signing
Type of lease: open-ended or befristet
Most residential lease agreements in Germany are concluded for an indefinite term. This does not mean that the tenant can ignore the agreement, but neither can the landlord simply ask the tenant to move out without a legal basis. For a standard termination by the landlord, grounds provided for under German tenancy law are required, such as personal need for the dwelling (Eigenbedarf) or material breaches by the tenant.
A fixed-term lease is called a befristeter Mietvertrag. It is more common in dormitories, temporary housing, student housing, or when there is a pre-specified reason for the limited term. If you want to stay longer, check in advance how and when to apply for an extension.
Check the lease agreement separately to see if it includes a minimum stay requirement or a temporary waiver of the right to terminate the lease (Kündigungsverzicht). Such wording may mean that you cannot move out quickly without the landlord’s consent.
Notice Period: When You Can Move Out
For an open-ended lease, the standard Kündigungsfrist for the tenant is usually about three months: notice of termination must be received by the landlord no later than the third business day of the month so that the lease ends by the end of the second following month. The lease may include details regarding the form of notice and the recipient, so be sure to review this section before signing.
If you need to move out early, don’t rely on verbal promises. Possible options: a written agreement with the landlord, an Aufhebungsvertrag, or finding a Nachmieter if the landlord agrees to consider a replacement. The mere fact that you’ve found a new tenant does not always automatically exempt you from the obligation to pay rent until the end of the lease term.
Base Rent, Utilities, and Security Deposit
The contract must clearly specify at least three amounts:
| Item | What it means | What to check |
|---|---|---|
| Kaltmiete | base rent excluding utilities and maintenance fees | does this match the listing and correspondence? |
| Nebenkosten/Betriebskosten | advance payment or fixed amount for building expenses | which expenses are included and whether there will be an annual adjustment |
| Warmmiete | total monthly amount, if specified | are electricity, internet, gas, or heating billed separately |
| Kaution | security deposit | amount, payment method, and account to which it should be transferred |
For residential leases, the cash Kaution must not exceed three months’ Kaltmieten excluding Betriebskosten. If the security deposit is paid in cash, the law allows it to be paid in three equal monthly installments, the first of which is usually paid at the start of the lease.
Don’t assume that the Kaltmiete will remain the same forever just because the amount is specified in the lease agreement. Rent increases are only possible within the framework of legal mechanisms and the terms of the lease agreement, but the old, low rates for long-term tenants are not a guarantee for a new lease agreement.
House Rules and Building Regulations
The Hausordnung governs the house rules: quiet hours, cleaning of common areas, use of the basement and bicycle storage, airing out the apartment, trash removal, grilling on the balcony, pets, and other details. Before signing, check to see if there are any provisions that clearly conflict with your lifestyle.
What to Do on Move-Out Day
The main document when moving in is the Übergabeprotokoll. It is signed when the keys are handed over. If there is no handover report, prepare your own list and ask the landlord or a representative of the property management company to sign it with you.
The handover report should include:
- the date and time of the handover;
- the apartment’s address and the names of the parties;
- Number of all keys: front door, apartment, mailbox, basement, courtyard, trash area;
- meter readings: electricity, gas, water, and heating, if the meters are accessible;
- the condition of the walls, floors, windows, doors, plumbing, kitchen, and built-in appliances;
- all defects, stains, cracks, signs of moisture, and damage;
- Agreements regarding repairs, deadlines for fixing defects, and the responsible parties.
Take photos not only of major damage but also of minor marks: chips, scratches, stains on the hardwood floors, cracks in the tiles, drill holes, and damaged electrical outlets. It’s best to take these photos on the day of the handover and save them along with the lease agreement, the handover report, and any correspondence.
Apartment Inspection Checklist
1. Mold and Dampness
It’s best to check for mold before signing the handover report, not after moving in. Check the corners behind furniture, the areas around windows, the bathroom, the kitchen, window sills, exterior walls, storage rooms, and poorly ventilated areas. Even small dark spots or signs of moisture should be noted in the Übergabeprotokoll and photographed.
If the Hausordnung or lease agreement contains requirements regarding ventilation, read them in advance. They do not negate the landlord’s obligation to hand over the apartment in a habitable condition, but they may later become part of a dispute over the causes of mold.
2. Finishes, Floors, and Furniture
Inspect the walls, ceilings, floors, doors, baseboards, tiles, built-in closets, and furniture, if the apartment is being rented furnished. Note in the handover report anything that is already damaged: scuffs, stains, holes, chips, warped laminate flooring, signs of repairs, and drawers that don’t close properly.
If the apartment comes with a kitchen, check the stove, oven, refrigerator, range hood, dishwasher, faucet, and drain separately. Specify exactly what belongs to the landlord and what was left behind by the previous tenant.
3. Windows, Doors, and Heating
Open and close every window. Check the handles, seals, drafts, condensation, cracks in the glass, and the operation of the roller shutters, if any. The front door should close effortlessly, and the locks should work with all the keys provided.
Check the radiators, thermostats, and access to the heating meters. If you’re moving in during the summer, when it’s difficult to fully test the heating system, note this in the handover report and ask for confirmation of the procedure to follow if problems arise during the heating season.
4. Plumbing and Electrical Systems
Turn on the water in the bathroom and kitchen; check the drainage, water pressure, for leaks under the sinks, and the operation of the shower and toilet flush. Turn on the lights in all rooms; check the electrical outlets, the intercom, the doorbell, the circuit breakers in the electrical panel, and the presence of smoke detectors, if required by the building’s regulations.
If something isn’t working, don’t just say, “We’ll fix it later.” Record the defect and the agreement regarding repairs directly in the Übergabeprotokoll or in a follow-up letter.
5. Basement, Mailbox, and Common Areas
Clarify which basement or storage room belongs to the apartment, and where the trash bins, bicycle storage, laundry room, and parking space (if included) are located. Check whether the corresponding doors open with the keys provided.
Your mailbox is important from day one: letters from the Bürgeramt, your bank, your insurance company, your employer, and your utility providers will be delivered there. Make sure your last name can be correctly displayed on it.
If the apartment does not have a kitchen
In Germany, an apartment may be rented without a kitchen or with only basic plumbing and electrical hookups. Before purchasing and installing a kitchen, make sure to:
- Is it allowed to drill into the walls and make changes to the utility connections?
- Who pays for installation and removal;
- whether the kitchen will remain in the apartment when you move out;
- Is the landlord willing to cover part of the costs?
- Can the kitchen be sold to the next tenant?
It’s best to put all agreements regarding the kitchen in writing. Verbal agreements are easily forgotten, especially if the property management company or owner changes a few years down the line.
Common Mistakes When Moving In
- Sign the Übergabeprotokoll without conducting a thorough inspection.
- Failing to record the meter readings on the day the keys are handed over.
- Don’t take photos of minor damage because it’s “obvious anyway.”
- Transfer the Kaution to a suspicious account without verifying the recipient.
- Do not read the Hausordnung before signing the lease agreement.
- Accept promises of repairs without a date, a designated person responsible, or written confirmation.
- Failing to keep a record of correspondence with the landlord or property management company.
Minimum set of documents
Before moving, it’s helpful to keep the following in a single folder:
- a signed Mietvertrag;
- Handover Report;
- photos and videos of the apartment’s condition;
- proof of payment for the security deposit and the first month’s rent;
- contact information for the landlord, property management, and emergency services;
- House Rules;
- Contracts or contact information for electricity, gas, and internet providers, if you’re setting them up yourself.
A good rule of thumb is simple: anything for which you could theoretically be charged when you move out should be described and photographed when you move in.
