German landlord compliance checklist

The Kaution does not exceed three months' cold rent, the tenant may pay it in three equal monthly instalments, and it is held at a bank separately from the landlord's own assets, with the interest belonging to the tenant (section 551 BGB).

Where the Mietpreisbremse applies, the starting rent respects the local cap and any relied-upon exemption is documented.

A valid Energieausweis exists and was presented at viewing, with the required figures stated in the listing.

Smoke detectors are installed per the rules of the relevant Bundesland, with maintenance responsibility clear.

The Betriebskostenabrechnung reaches the tenant within twelve months of the end of the accounting period (section 556(3) BGB); later, shortfalls generally cannot be billed.

Only costs that are umlagefähig under the BetrKV are passed on, and only where the lease provides for them.

Rent increases follow section 558 BGB: the rent unchanged for 15 months, the increase justified against the local comparative rent, and within the Kappungsgrenze of 20 per cent in three years, or 15 per cent where the Land has designated a tight housing market, with the required consent process.

Your records meet GoBD standards, which apply where the landlord or Verwalter is a business.

Decorative repairs clauses (Schönheitsreparaturen) in the lease are checked against current case law; many older clauses are void.

For WEG-managed buildings, resolutions, the Wirtschaftsplan and the annual Abrechnung follow the WEG-Reform requirements.

Modernisation levies follow the statutory notice and percentage limits.