German landlord compliance checklist
German residential tenancy law is federal (BGB), with per-Land rules layered on top for items like smoke detectors and the Mietpreisbremse. Several deadlines here are hard: missing them forfeits money rather than merely risking a fine.
Start of the tenancy
The Kaution does not exceed three months' cold rent, the tenant may pay it in three instalments, and it is held separately from the landlord's own assets.
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.
Money and statements
The Betriebskostenabrechnung reaches the tenant within twelve months of the end of the accounting period; 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: justified against the local comparative rent, within the Kappungsgrenze, with the required consent process.
Records meet GoBD standards where the landlord or Verwalter is a business.
Ongoing
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.
This is general information, not legal advice. Rules differ by Bundesland and evolve through case law; confirm the current position with a qualified adviser.
General information, not legal or financial advice.