The 9 RULES of renting property in GERMANY

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Renting property in Germany is pretty unique!

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I guess I was lucky. The two previous flats I rented came with a kitchen I didn't have to pay for. Also I bought a house and the previous owners sold the kitchen with the house.
In my experience it is a good idea to walk through the flat with the landlord when you move in and write a Übergabeprotokoll, Notes about any damage like holes in tiles and stuff like that. Both parties should sign it. Then the landlord can't claim that you caused the damage. It's also a good idea to include promises that the landlord makes to put them in writing, otherwise some repairs will never take place either.

Englandfan
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I lived in an apartment for over 10 years.
There was an ugly floor covering in one room and we put a carpet over it.
When we moved out again the landlord complained that the flooring was worn out. My argument, after ten years of renting cheap flooring, is written off. The solid floor covering belongs to the rented apartment and is the responsibility of the landlord to replace it, because it is firmly attached to the apartment. We then annoyed each other with letters back and forth for half a year, but the landlord could not assert his claims in court.
In the end we didn't pay anything for it.
It makes a difference whether something is culpably damaged or just worn out over time and needs to be replaced.

To move out, we repainted the walls white, because we didn't do it during the time we lived there and the landlord expected it. But we didn't hire a painter for that, normal quality is enough.

jensschroder
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One correction: The demand to be quiet after 10 pm is outdated and the houserules or contract clauses are nullified. There is now BImSchG which regulate that. In summary, that law states, that you have to reduce your noise to a tolerable level the whole day. Tolerable.... is subjective.
There are also court decision that excludes the running of a washing maschine or showering, since some people work in shifts. If needed, I can look it up

sakkra
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Also you might be liable to get rid of the snow on the pavement in front of the house if your flat is on the ground floor. Some people also expect less noise at lunchtime Mittagsruhe.

Englandfan
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i have not lived in germany for over 20 years, but i either lived in a WG, which had a kitchen, or i rented a house which came with a kitchen. That made it very much easier for a student. In the US this is certainly not an issue. i guess requiring you bring a kitchen weeds out first time renters or people who can't afford to buy a kitchen. Here in the US you have really no expectation of long term renting anything. Land lords will kick you out in 30 days, not much in the way of renter protection. you will regularly see piles of belongings in front of appartment buildings. landlord kicks you out, throws your stuff on the curb and changes the locks.... my mom, however, has just completed living in the same rented apartment for 50 years. That is in Germany, of course.

uliwehner
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The minimum notice period for the renter is very much specified by law, it extends to up to 9 months for people living in a place for 8 years or more. For more than X and less than 8 years it's 6 it's 6 months, and up to X it's 3 months. Now I have to look up the X - could be 5, not sure though, need to look it up.
But that applies only to the tennant - meaning the tennant needs to have moved out only after these months have passed since the landlord ended the rental contract. The tennant is not required to stay that !only in case they want to move out earlier.

furzkram
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Hallo Richie, das ist sehr interessantes Video. Ich möchte kurz die Unterschiede zu meinen Mieterfahrung erzählen. Ich wohne seit fast acht Jahren in einer kleinen Neubauwohnung im Düsseldorfer Norden. Die Reinigung des Hausflurs übernimmt eine Firma. Die Kosten dafür werden auf uns Mieter umgelegt. Ich glaube, das ist zunehmend verbreitet. Das mit der Nachtruhe oder Zimmerlautstärke ist bei uns im Haus kein Problem. Alle Mieter verhalten sich ruhig. Ich denke aber, dass es schon ab 20:00 Uhr ruhig sein sollte. Vor einem Jahr oder so hatten wir noch einen Mieter im Haus, der hat nachmittags manchmal Klarinette geübt. Das war schon mal nervig, aber der wohnt nicht mehr bei uns. Das sind so meine Erfahrungen dazu. Liebe Grüße aus Düsseldorf....

connyapfelbaum
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As a professional property manager, I have to say that unfortunately some important information is missing. However, I can of course understand that you can not squeeze everything into a video without massively exceeding the time limits on Youtube. Therefore, it can only be a rough overview.
Nevertheless, I have found at least two serious errors, which I do not want to leave uncommented (a few other points serve only to supplement):

Nr. 3: BIG MISTAKE! In the case of a tenancy for an indefinite period, the notice period for the tenant may not be longer than the statutory 3 months. §573c (4) BGB "A deviating agreement to the detriment of the tenant ... deviating agreement to the detriment of the tenant is invalid."

Nr. 5: An apartment does not necessarily have to be equipped with a fitted kitchen, but in most federal states at least a hob and a sink are mandatory. And since the installation heights are largely standardized, you can buy individual kitchen cabinets in most home improvement stores and/or furniture stores and thus put together your kitchen relatively inexpensively. Sure, is not the prettiest solution, but if it works ...

Nr. 7: It is an almost ineradicable misconception that you are not allowed to make noise until 10pm/9pm/8pm whatever. The Federal Emission Control Act (Bundesemissionsschutzgesetz), however, knows no time limits. Noise is noise even if it happens during the day. The only exception (in terms of tenancy law): The noise of playing children, as long as they are of an age that one does not yet have to expect an understanding for the need for quiet of others.

Nr. 8: The energy certificate does not give a rough rating (A-E), but a concrete figure. Namely, the actual energy consumption in kWh per square meter and year. Actually, landlords are supposed to provide such a certificate to every prospective without being asked. Nevertheless, this figure should be taken with a grain of salt. It is an average value of the last three years before the issuance of the certificate and we all know that one winter is not equal to every winter and that each person has a different heat sensation and heating behavior. I had the best energy consumption figures in houses with large vacancy ... I think that says a lot about the reliability of this value.

P.S.: And finally, a small tip for people with questions about German tenancy law: At www.vermieter-forum.de, not only landlords are helped. And most of us can speak English as well. However, it is important to note that a forum may not and cannot provide legal advice, i.e. advice on specific legal issues.


Translated with a little help from DeepL.com (so any mistakes belong to them^^)

fipsvonfipsenstein
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22:02 "Nebenkaosten", kleiner Tippfehler ;D

phantom
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Zu mit/ohne Küche. Ich habe eine eigene Küche (Modulküche). Die ist schon 3 - 4 Mal mit mir umgezogen. Ich will wenigstens etwas eigenes haben. Problem: Wohnung ohne EBK (Einbauküche) finden. Ich kann ja schlecht vom Vermieter verlangen, die vorhandene Küche rauszuwerfen.
Natürlich ist nie ne Lampe in der neuen Wohnung. Wenn man im Winter umzieht, sollte man bis zum Abend zumindest 1 Lampe pro Raum installiert haben.

schwarzekatze
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Okay, so don't make a porn movie after 10 p.m. louder than Zimmerlautstärke, or else your neighbors will call 110.
I know why I used to gag my ladies.

eisikater
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Zu der Kaution: für Mieter das sicherste: ""Kautionssparbuch des Mieters"

weinhainde