Check a German lease before you sign: the 12-point checklist

Most people sign a German lease after a 20-minute viewing, often under pressure with five other applicants on the stairs. That is exactly when expensive mistakes happen. A lease can run for years and commit you to thousands of euros. This checklist walks through the points you should clear up before you sign.

1. Is the rent fair?

The most important question first. In areas with a tight housing market, the rent cap (Mietpreisbremse, § 556d BGB) applies: at the start of the tenancy the rent may not exceed the local reference rent by more than 10 percent. Whether your area is covered is set by your federal state's ordinance. Reference values are in the local rent index (Mietspiegel). If the asking rent is clearly above that, it is a warning sign.

2. Base rent, running costs, total

Listings often show only the base rent (Kaltmiete). What matters is what actually leaves your account. Ask for the breakdown: base rent, running costs, heating and any surcharges. A low base rent with high running costs can be more expensive than the opposite.

3. The deposit is capped

The deposit may be at most three months' base rent (§ 551 BGB), and you may pay it in three instalments. Anyone demanding more, or the full amount upfront as a condition, is acting outside the rules.

4. Open-ended or fixed term?

An open-ended contract is the norm and usually better for you. A fixed term is only valid with a concrete reason (the landlord's own use, demolition, conversion). A fixed term without a stated reason generally makes the contract open-ended.

5. Notice periods and waivers

As a tenant you generally have a three-month notice period. Some contracts include a notice waiver for the first years. A mutual waiver of up to four years is permitted; a one-sided waiver against you is questionable. Read this clause especially closely.

6. Cosmetic repairs

This is where the most common void clauses hide. Rigid deadlines ("repaint every three years") are invalid. If the flat is handed over unrenovated and you are still required to renovate without compensation, German courts have held the clause void. Pro-rata settlement clauses are also invalid.

7. Stepped or index rent?

With a stepped rent (Staffelmiete, § 557a BGB) the rent rises on fixed dates. Each step must appear as a concrete amount in the contract and last at least one year. With an index rent (§ 557b BGB) the rent follows the consumer price index. Do the math over the full term.

8. Admin and processing fees

A separate "administration fee" or a charge for drawing up the contract at the tenant's expense is regularly void in residential leases. If such items appear, query them.

9. Cosmetic vs. minor repairs

A minor-repairs clause can be valid, but only with caps: usually around €100 per repair and an annual maximum. Without those limits the clause is void.

10. Document the condition

At move-in, make a handover protocol with photos of every defect. This protects your deposit later. No protocol means your word against the landlord's if there is a dispute.

11. Who is on the contract?

Are all tenants named in the contract? In a shared flat, the structure (one main tenant with subtenants, or everyone as a main tenant) decides who is liable and who can give notice. Clarify this in advance.

12. Location and surroundings

The contract says nothing about noise, safety, transport or the neighbourhood. A short viewing won't reveal it either. A location score for the address shows transport, safety, student life and quiet at a glance before you commit. For a method to rate a neighbourhood, see our location guide.

How Vimmo does this in seconds

Checking these twelve points by hand takes time and legal knowledge. Vimmo scans your lease with AI, flags risky or void clauses, compares the rent to local levels and scores the location of the address, all before you sign. Try it free.

Sources

This article is not legal advice. Vimmo provides AI-based estimates without warranty.

Frequently asked questions

Do I have to sign a lease immediately?

No. You may take your time and review the contract calmly. Serious landlords let you read it in advance. Don't let artificial time pressure push you into signing on the spot.

Are void clauses automatically invalid?

Yes. A void clause has no effect and is replaced by the statutory rule, while the rest of the contract stays valid. But you need to know a clause is void to rely on it.

Can I reclaim overpaid rent?

If the rent cap applies and was exceeded, you can reclaim the overpayment from the point of a qualified objection (Rüge). The exact conditions depend on the case and the contract date.

Does Vimmo replace legal advice?

No. Vimmo gives a fast, AI-based estimate without warranty. For a concrete dispute or large sums, consult a tenants' association or a lawyer.

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