Tenant rights 2026

{{whyLabel}}: To ensure you are not paying more than the legally allowed limit in high-demand areas.

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• Check if your city is in a 'tight housing market' (extended until 2029).
• Compare your net cold rent with the local 'Mietspiegel' (rent index).
• If it exceeds the index by more than 10%, send a 'Rüge' (reproach) to your landlord.

{{doneWhenLabel}}: You have confirmed your rent is within the 10% limit or have sent a formal notice.

{{whyLabel}}: New 2026 regulations require landlords to disclose exactly how much of the rent is for furniture to prevent hidden overcharging.

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• Request a breakdown of the 'Möblierungszuschlag' (furnishing surcharge).
• Check if the furniture is older than 10 years (depreciated value).
• Ensure the surcharge does not exceed the new 2026 legal caps for furnished units.

{{doneWhenLabel}}: You have a written breakdown of the furnishing costs.

{{whyLabel}}: As of 2026, index-linked rents (Indexmiete) are capped to protect tenants from high inflation.

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• Review your contract for an 'Indexmiete' clause.
• Verify that any increase does not exceed the 3.5% annual cap introduced in the 2026 reform.
• Challenge any increase that uses the full CPI if it exceeds this threshold.

{{doneWhenLabel}}: Your rent increase history is verified against the 3.5% cap.

{{whyLabel}}: Landlords must pay up to 95% of the CO2 heating tax depending on the building's energy efficiency.

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• Find the CO2 emissions (kg/m²) on your latest heating bill.
• Use the 10-step model: If >52kg/m², the landlord pays 95%; if <12kg/m², you pay 100%.
• In 2026, the price is €55 per tonne; ensure the landlord's share is deducted from your 'Nebenkosten'.

{{doneWhenLabel}}: The CO2 cost split is correctly applied to your utility statement.

{{whyLabel}}: Since 2025/2026, landlords must provide monthly consumption info if remote-readable meters are installed.

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• Check if your radiators have electronic meters.
• Request monthly digital access to your consumption data.
• Apply a 15% reduction to heating costs if the landlord fails to provide this data as per § 12 HeizkostenV.

{{doneWhenLabel}}: You receive monthly consumption updates or have applied the legal reduction.

{{whyLabel}}: To legally justify rent reductions (Mietminderung) and ensure repairs are made.

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• Kitchen: Check for leaks or appliance malfunctions.
• Bathroom: Inspect for mold (Schimmel) or ventilation issues.
• Living Areas: Check window seals and heating functionality.
• Take photos and send a formal 'Mängelanzeige' with a 14-day deadline for repairs.

{{doneWhenLabel}}: A dated photo log and a sent defect notice exist.

{{whyLabel}}: Landlords can increase rent by 8% of modernization costs, but you can object in cases of financial hardship.

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• Check if the notice arrived 3 months before work starts.
• Verify if the work is 'necessary' (e.g., GEG heating swap) or 'luxury'.
• File a 'Härtefall-Einwand' (hardship objection) if the new rent would exceed 30-40% of your household income.

{{doneWhenLabel}}: You have evaluated the modernization notice for legal compliance.

{{whyLabel}}: To meet the statutory notice period and avoid paying double rent.

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• Write a formal letter (must be paper with a wet-ink signature, digital is NOT valid for termination).
• Ensure it reaches the landlord by the 3rd working day of the month.
• Send via 'Einschreiben Einwurf' (registered mail) for proof of delivery.

{{doneWhenLabel}}: You have a postal receipt of the delivered termination letter.

{{whyLabel}}: Many 'cosmetic repair' clauses are legally invalid, potentially saving you thousands in painting costs.

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• Check if your contract uses 'rigid' deadlines (e.g., 'must paint every 3 years').
• If the clause is invalid, you only need to return the flat 'besenrein' (broom-clean).
• Consult a tenant association (Mieterverein) to confirm the clause's validity.

{{doneWhenLabel}}: You know exactly which rooms you must paint and which you don't.

{{whyLabel}}: To identify issues the landlord might use to withhold your deposit.

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• Walk through every room with a neutral witness.
• Fix small holes (Spackle) and replace lightbulbs.
• Ensure all keys (including basement/mailbox) are accounted for.

{{doneWhenLabel}}: The apartment is prepared for the final protocol.

{{whyLabel}}: This document is your primary defense against future claims for damages.

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• Record all meter readings (Electricity, Water, Heat).
• List every existing scratch or defect.
• Ensure both parties sign; do not sign if you disagree with a listed 'damage'.

{{doneWhenLabel}}: You have a signed copy of the handover protocol.