How much deposit can a landlord require in Germany?

At most three months' cold rent (Kaltmiete), and the tenant may pay it in three monthly instalments. You must hold it in a separate account, apart from your own money, and pass on any interest.

Can I put any clause I want in the contract?

No. Many clauses are void even if signed, including blanket cosmetic-repair obligations with rigid deadlines, a general ban on subletting, or shifting all small repairs to the tenant without a cap. A void clause simply does not apply; the statutory rule takes its place.

Should I use a fixed-term or open-ended contract?

Most residential leases in Germany are open-ended (unbefristet). A genuine fixed term (Zeitmietvertrag) is only valid with a specific statutory reason, such as personal use or planned renovation, stated in the contract.

Can I agree on future rent increases in advance?

Yes, via a Staffelmiete (fixed step increases with dates and amounts) or an Indexmiete (linked to the consumer price index). Each has formal requirements, and the starting rent is still bound by the Mietpreisbremse where it applies.

Rental Contract Checklist for Landlords in Germany (2026)

This article is for informational purposes only and does not constitute legal advice. We take no liability for actions based on this content.

The rental contract is where a good letting is either secured or quietly undermined. German tenancy law is heavily tenant-protective, which means a contract that overreaches does not give you more power - it gives you void clauses that fall back to the statutory rule, often less favourable than a fair clause would have been. This checklist covers what to include, what to leave out, and what the law fixes regardless of what you write.

The essentials every contract needs

The parties and the apartment: full names, the exact address, and the rooms and areas included (cellar, parking, garden).
The rent, split correctly: cold rent (Kaltmiete), the service-charge advance (Nebenkostenvorauszahlung), and the total. Keep them separate - it matters for later increases and for the annual utility statement.
The deposit: up to three months' cold rent, payable in three instalments, held in a separate account.
Start date and term: almost always open-ended (unbefristet).
Notice periods: the tenant's is three months; yours grows with the length of the tenancy.

Clauses that are void even if signed

Writing an aggressive clause does not make it enforceable. These commonly fail:

Rigid cosmetic-repair (Schönheitsreparaturen) schedules. Fixed-deadline renovation duties and obligations to hand back a freshly painted flat are frequently struck down, especially if the flat was not handed over renovated.
A blanket subletting ban. Tenants have a qualified right to sublet part of the flat for a legitimate interest; a total ban is ineffective.
Passing on all small repairs. A Kleinreparaturklausel is only valid with both a per-repair cap and an annual ceiling, and only for items the tenant directly accesses.

A void clause is simply ignored, and the statutory default applies in its place. Fair, valid clauses protect you better than aggressive, void ones.

Setting the rent within the law

The starting rent is not free. Where the Mietpreisbremse applies - all of Berlin - a new-lease rent may be at most 10% above the local comparable rent from the Mietspiegel, with exceptions for new builds and comprehensive modernisation. Confirm the figure with the Mietspiegel calculator before you fill in the rent. For a deeper walk-through of the contract from both sides, see our Mietvertrag explained guide.

Planning future increases

If you want predictable increases, agree them upfront: a Staffelmiete sets fixed steps with dates and amounts, while an Indexmiete ties the rent to the consumer price index. Both have formal requirements, and both still start from a lawful base rent.

Before both parties sign

Confirm the applicant passed screening, the rent is within the cap, the deposit terms are correct, and the repair and cosmetic clauses are the fair versions above. Then complete the handover protocol at move-in. The contract sits in the middle of the wider process described in renting out an apartment in Berlin.