Example: Mietvertrag explained

Example result

Mietvertrag — plain English explanation

PropertyBerliner Str. 47, Apt. 2OG links, 10115 Berlin

LandlordHausVerwaltung Müller GmbH

Lease start1 August 2024

Generated byPlainDeutsch · plaindeutsch.com

⚠️ 3 clauses need your attention before signing

📋Summary

This is a standard German residential lease (Mietvertrag) for a 68 m² two-bedroom apartment in Berlin-Mitte. The contract is an indefinite tenancy (unbefristeter Mietvertrag), which is the norm in Germany and gives you strong protection against termination.

Your total monthly rent is €1,380 — made up of €1,100 cold rent (Kaltmiete) and a €280 utilities advance (Vorauszahlung). The deposit (Kaution) is €3,300, which is exactly three months' cold rent — the legal maximum under German law.

The contract contains a rent increase clause (Staffelmiete) that automatically raises your rent by €50/month every 12 months for three years. There is also a cosmetic repairs clause (Schönheitsreparaturen) that tries to make you responsible for repainting — this clause may be legally void under current case law. Both are flagged below.

🔑Key terms at a glance

Cold rent (Kaltmiete)

€1,100 / month

Base rent, excluding utilities

Utilities advance (Vorauszahlung)

€280 / month

Reconciled annually via Nebenkostenabrechnung

Total monthly payment

€1,380 / month

Warmmiete — due on the 3rd of each month

Deposit (Kaution)

€3,300

= 3× Kaltmiete. Legal maximum.

Apartment size

68 m²

Floor area (Wohnfläche) — binding for rent calculations

Rent increases (Staffelmiete)

+€50/year for 3 years

Rises to €1,250 by Aug 2027. Legally valid.

Notice period (Kündigungsfrist)

3 months

Standard for tenants. Landlord needs 3–9 months.

Pets (Haustiere)

Written permission required

Small animals (hamsters, fish) generally permitted by law

📄Key clauses explained

Clause		Status
Indefinite tenancy (Unbefristeter Mietvertrag) § 3 Mietdauer The lease has no end date. In Germany this is strongly protective: your landlord can only terminate you for specific legal reasons (own use, significant contract breach, or planned demolition/redevelopment). You cannot be asked to leave simply because the landlord wants to.		✔ Tenant-friendly
Stepped rent (Staffelmiete) § 5 Miete Your rent increases by a fixed €50/month every 12 months for three years: €1,100 → €1,150 → €1,200 → €1,250. After the three steps, further increases are only possible via standard Mieterhöhung rules (capped at the local Mietspiegel). Staffelmieten are legal but must be clearly stated — this one is. Berlin's Mietendeckel was struck down; these increases are valid.		⚠ Review
Cosmetic repairs (Schönheitsreparaturen) § 14 Instandhaltung The contract states you must repaint walls, ceilings, and doors when you leave, on a fixed schedule (every 5 years for living rooms, every 3 years for kitchens/bathrooms). The BGH (Germany's highest civil court) has ruled that rigid schedule-based clauses are void — you only need to repaint if your normal use actually caused the need. This clause is likely unenforceable as written.		⚑ Likely void
Subletting (Untermiete) § 9 Untervermietung Subletting requires written approval from the landlord in advance. Under German law (§ 553 BGB), you have a right to sublet part of your apartment if you have a legitimate interest (e.g. financial hardship, relationship change) — the landlord can only refuse if they have a serious reason. The clause as written is stricter than the law, but the law takes precedence.		✔ Law protects you
Deposit (Kaution) § 6 Kaution €3,300 due in three equal monthly instalments starting with the first month's rent. You are entitled to keep this in a separate account earning interest (Sparbuch) — ask the landlord to confirm the account details. The landlord has up to 6 months after you move out to return it, minus legitimate deductions for damage. They cannot deduct for normal wear and tear (normale Abnutzung).		✔ Standard
Noise and quiet hours (Ruhezeiten) § 11 Hausordnung Midday quiet: 13:00–15:00. Night quiet: 22:00–07:00. No power tools on Sundays or public holidays. This is standard across German tenancies and mirrors local bylaw (Berliner Lärm-Immissionsschutzgesetz). Normal household noise (music at reasonable volume, children playing) is always permitted.		✔ Standard

🚩Things to check before you sign

🔴
Schönheitsreparaturen clause — likely void but confirm in writing The repainting schedule in § 14 is almost certainly unenforceable based on BGH case law (BGH VIII ZR 199/13 and related rulings). However, landlords still try to enforce it. Before signing, ask the landlord in writing to confirm that they accept this clause is subject to BGH case law — or cross it out and have both parties initial the deletion. Keep all written communications.
🟡
Staffelmiete — factor the increases into your budget now You are agreeing to pay €1,250/month from August 2027 onwards. Check the Berlin Mietspiegel (local rent index) for Berliner Str., 10115 Berlin to verify this is within the allowed range for your flat's age, size, and features. The city's official Mietspiegel calculator is free to use at stadtentwicklung.berlin.de.
🟡
Übergabeprotokoll — document the flat's condition on move-in The contract does not mention a move-in inspection report (Übergabeprotokoll). Insist on doing one before or on day one. Photograph every scratch, scuff, and imperfection. Both you and the landlord should sign it. This is your primary protection against deposit deductions when you eventually leave — without it, disputes are common.
✅
Deposit amount is at the legal maximum — no more can be demanded German law (§ 551 BGB) caps deposits at three months' cold rent. Your deposit is exactly €3,300 = 3 × €1,100. Any additional "security" payment, key deposit above actual cost, or advance rent cannot be legally required.

✅Your next steps

1 Check the Mietspiegel. Use the Berlin Mietspiegel at stadtentwicklung.berlin.de to verify the rent and Staffelmiete steps are within the legal range for your building. If the rent exceeds the Mietspiegel by more than 10%, you may have grounds to challenge it under Mietpreisbremse rules.
2 Address the Schönheitsreparaturen clause before signing. Email the landlord asking them to confirm this clause is subject to BGH case law, or to delete it. Get any response in writing. A tenant association (Mieterverein) can help draft the letter for €10–20.
3 Do a thorough Übergabeprotokoll. On move-in day, inspect every room with the landlord present. Document and photograph everything. Both parties sign. Keep a copy. This one step prevents the majority of deposit disputes.
4 Register your address (Anmeldung). You must register with the local Bürgeramt within 14 days of moving in. The landlord must provide a signed Wohnungsgeberbestätigung form — make sure this is arranged before or at the time you get the keys. Without it, you cannot register.
5 Join a Mieterverein. For €8–12/month, a tenants' association gives you access to legal advice on any future disputes, rent increase challenges, and repair obligations. Given the Schönheitsreparaturen situation, this is a worthwhile investment for the duration of your tenancy.

Not legal advice. This explanation is for information only and does not constitute legal advice. PlainDeutsch explains documents in plain language — it does not advise on specific legal disputes or individual circumstances. For legal advice, consult a Mieterverein (tenant association) or a qualified Rechtsanwalt (lawyer). Under German law (RDG), this service is limited to document explanation.

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