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Germany Information · Joined: 21 Oct 2006 Posts: 27 Home Country: germany

HOUSING IN GERMANY

GENERAL

Finding reasonably priced accommodation to rent can be difficult in Germany depending on the area you are looking in. Most Germans in cities live in various forms of urban housing such as apartments and semi-detached houses. Due to the destruction caused during the two world wars, most of today's housing was built after 1950. Old properties (Altbau) usually have been built before 1914, since there was little construction between the wars.

Accommodation prices (both for purchase and rent) are determined by the size of a home which is measured in square metres ( Quadratmeter - qm). In rooftop units, floor spaces where the ceiling is between 1 and 2 metres high are only counted at 50 per cent, so the actual size might appear a lot bigger than you thought.

The second factor to bear in mind is the number of rooms, which includes bedrooms, living and dining rooms. Kitchens, bathrooms and toilets are not included in the room count. A half room indicates an area that cannot be separated by a door or a room that is too small to be fully counted.

Housing in Germany is either let unfurnished, partly furnished, or fully furnished. Unfurnished accommodation is the most common and it really is "unfurnished", i.e. without lamps, curtains, or any kitchen equipment. Moving into your first German apartment can be quite a shock: not only are you supposed to supply your own light fittings, but you will literally have to buy and install everything from the washing machine to the kitchen sink. Since this isn't exactly cheap, you should allow extra in your budget to get established. A furnished kitchen is usually mentioned separately in advertisements.

RENTAL MARKET

Despite continuous government efforts to increase the number of property owners, rental accommodation is still the most common form of housing in Germany. The German rental market is highly regulated; giving tenants a wide range of protection. Unfortunately, this also sometimes makes it difficult for landlords to get rid of tenants who cause trouble or simply don't pay their rent. For this reason, some landlords are very cautious when choosing future tenants.

Rental accommodation in Germany varies widely in price and availability. In major cities, particularly Hamburg, Munich and Cologne, rents can be expensive. It is common for up to half of salary to go towards paying rent. The type of accommodation required by many foreigners can be expensive: furnished or at least partly-furnished apartments rented at short notice and for relatively short periods. Nor is it easy to find apartments for larger families at reasonable rents.

Rent comparisons can be made in each town or section of the city with the help of a table called the Mietspiegel, which lists rent prices in each area. It is possible to check if a rent is appropriate for an area or if it is illegal to charge such a high rent. The Mietspiegel can be found at the local town hall or at the Mieterverein (tenant associations, see our section on rental contracts). If the rent is above the legal limit, seek advice from a lawyer or tenant associations to reduce it.

Supply and demand can vary considerably in the course of the year, particularly in cities with a large student population. At the beginning of a term, i.e. in March/April and September/October, there is usually a high demand for accommodation.

GETTING STARTED

Looking for an apartment in Germany can be a time-consuming and nerve-wracking experience. Whatever you do, give yourself plenty of time as you will be much more likely to get what you are looking for this way. It's best to start looking before you leave or plan for free time to be dedicated to the search. If you are coming with your family, it may be more comfortable for them to arrive after you have found suitable accommodation. If you are arriving alone, the best solution may be to initially stay in a hotel/guest-house or with friends or acquaintances.

Unless you want to depend on getting lucky, you should consider several options for your apartment search. The most important thing is to have a very clear idea of what you're actually looking for, or it is very easy to waste time. The best start is to get familiar with your new environment by walking around, seeing how transport works and asking other people about different neighbourhoods and areas.

On arrival in Germany, you may find it necessary to stay in temporary accommodation for a few weeks or months until you can move into an apartment. Many hotels and bed-and-breakfast establishments cater for long-term guests and offer reduced weekly or monthly rates.

There is a wide range of options when looking for an apartment. As always in life, the more you're willing to pay (i.e. for an agent), the easier your search will be. For an efficient search, you should be familiar with the basic rental terms in Germany, especially with the difference between cold rent ( Kaltmiete) and warm rent ( Warmmiete). The latter includes additional costs such as garbage disposal, cleaning costs and sometimes water and heating.

Classifieds

There are advertisements for apartments for rent in local papers, mostly in the Wednesday and weekend editions. You can find these offers in the Kleinanzeigen (classifieds section) and then look for Immobilienteil (property). There you will find Vermietungen (flats to rent) and Wohnangebote (flats to buy).

Another possibility is to look at the specialized German publications that contain only ads (such as Marktplatz, and Annonce). In university towns, there are regularly published free papers which contain classifieds for accommodation (as well as things for sale, which can be useful if you need to buy things when you move in).

Understanding classified ads can seem like a task fit for a professional cryptographer. A description like, "4 ZKB , ZH, teilmöbl., 650 + NK, 2MM Kaut., Chiffre 100", is not easy to understand. This particular example means, "four-room apartment with kitchen and bathroom to let, central heating, partly furnished, monthly rent EUR 650 plus utility charges, deposit: 2 months' rent, offers to Box No. 100." Don't worry - you'll soon learn to interpret the numerous abbreviations.

Telephone and Chiffre Ads
When the ad gives a telephone number you should call as early as possible (from 7.30 a.m., unless stated otherwise) to make an appointment. Be aware that adverts can easily attract up to 100 phone calls. Landlords sometimes collect offers and then make joint appointments with applicants.

When the advert shows a Chiffre, you must send a letter to the newspaper quoting the Chiffre number, which is then sent to the advertiser. This is obviously more work than calling, but for this reason you will be competing with less people so it can be worth the effort.

Advertisements can be placed by property owners, real estate agents or by vacating tenants looking for someone to take over their lease before the notice period expires. Someone leaving an apartment will usually include Nachmieter gesucht in the ad and this can be a good way of avoiding estate agency fees. However, the vacating tenant might ask you to purchase some his furniture and kitchen equipment (an Abstand). An Abstand can be a better option than buying everything yourself, if priced reasonably.

Be careful, however, as in some cases vacating tenants aware of the housing shortage try to make extra cash by demanding ridiculously high prices for the furniture they leave (even though the tenant is not legally entitled to choose you as a Nachmieter, he will simply not forward your application to the landlord if you don't pay the Abstand).

The words Immobilien or RDM ( Ring Deutscher Makler) in an advertisement signify that it has been placed by a real estate agent. This means you must pay a fee on conclusion of the lease.

Placing your own ad
You can also put your own ad in the paper saying you're looking for a place to rent. During times of high demand (e.g. October in major university towns), this can be a waste of time and money.

Most newspapers also have websites where you can see flat offers and place adverts irrespective of the day of publishing and sometimes before. In larger cities, magazines that specialize in real estate offers are available. There is also a growing number of purely internet based accommodation classifieds. Some of them, like www.studenten-wg.de offer flats and rooms in shared flats all around Germany and allow you to place your own ad for free.

Estate Agents

Estate agents often have the most attractive accommodation, as many landlords do not wish to spend time looking for and contracting tenants. In many cases, you never see the landlord as the agent handles all administrative tasks.

Estate agents charge a commission (Courtage) when they help somebody find a flat. The Estate Agents Act (Wohnungsvermittlungsgesetz) states that this commission can go up to two months of base rent (Kaltmiete, excluding any extra charges) plus value added tax (as per 2000). An estate agent may not ask for any payment until a legally-binding rent contract has been signed.

To find an agent or a list of estate agents in your chosen area in Germany, you should contact the Ring Deutscher Makler, the Association of German Estate Agents:

Ring Deutscher Makler
Mönckebergstr. 27
20095 Hamburg
Tel.: 0049 (0)40-32 56 480
Fax: 0049 (0)40-32 56 48 49
www.rdm.de
Email: rdm@rdm.de

Using a real estate agent is the simplest way to find accommodation, but is also the most expensive. Never pay a fee before the lease has been signed - not even a handling fee (Bearbeitungsgebühr). Do not sign anything before all conditions have been negotiated and you are sure you understand them.

ALTERNATIVE OPTIONS

Besides your own apartment with a full contract, there are also some alternative housing options availabe that might be interesting for a start.

Shared apartments

For those who are coming to Germany alone, WG's or Wohngemeinschaften (shared living arrangements) are often a good option as you can live cheaply and meet new people. WG's are most common among students and young professionals, but you can also find shared apartments among 50-60 year olds. Living in a WG obviously means sharing kitchen and bathroom. Be aware that WG-Zimmer are often not furnished.

Temporary accommodation

If you intend to stay in Germany for a limited time, you can consider temporary accommodation, which is also a solution as an interim solution before settling in more permanently. In Germany, tenants are often allowed to sublet their apartment for a limited time. Since many young Germans travel a lot, this is actually quite common. Sublets can generally be found under the terms Untermiete or Zwischenmiete. This means that the flats or rooms are sublet with a contract signed with the tenant, not the landlord.

Mitwohnzentralen - a fast way to find accomodation
A good way to find temporary accommodation is to contact the local Mitwohnzentrale if there is one in your town. These agencies concentrate on finding furnished rooms in Wohngemeinschaften and furnished apartments for limited periods of between one month and one year. They charge a fee for their services (approx. 15% of the monthly rent including heating and utility charges specified in the lease).

Mitwohnzentralen can be reached via the European Shared Accommodation Ring (Ring Europäischer Mitwohnzentralen e.V. - REM) using a nationwide number 19430 preceded by the relevant local dialling code (i.e. 030 19430 in Berlin or 0228 19430 in Bonn) or by going to the REM website at: www.mitwohnzentrale.de. Ask for an accommodation request form ( Vermittlungsauftrag) to be sent to you. It is worth following up your request with all the agencies at regular intervals. Do not pay any charges in advance, agencies are only allowed to charge commission once a legally binding rent agreement has been signed.

TENANCY CONTRACT

When an apartment is rented a Mietvertrag (rent contract) is signed. This contract contains details about the apartment, in addition to the rights and obligations of tenant and landlord.

A normal Mietvertrag should contain the following details:

* length of the agreement

* rent amount

* amount of additional costs (heating, water, garbage disposal etc.)

* term of notice (3 months is normal)

* amount of deposit (and the interest it earns)

* an agreement on redecoration when you move in or move out (you only decorate once)

* conditions for rent increases

* in the case of furnished rooms, an inventory of all items (check in the presence of the landlord whether all the items are in good order. If damaged, have this documented in writing, so that you don't have to pay for the damage when you move out)

* the general house rules (which also define the repairs that the landlord is responsible for and those which you have to pay for).

Once the contact is signed both parties are legally bound by it. Before signing, it is therefore essential to carefully read and understand the document even though they are usually long and difficult to read. Be aware that German landlords will expect the contract to be observed to the letter (which is true for any agreement you make in Germany!). However, there are legal protections which can limit the validity of certain clauses within rent contracts (generally to your favour).

Mieterschutz-Vereine - legal help and advice

If you do not understand parts of the lease or if you feel that unusual conditions are being imposed, get advice from a German colleague/friend/teacher. It may also be worthwhile to join the local Mieterschutz-Verein (Tenants' Association) to get immediate advice and professional support. If a conflict between tenant and landlord arises, a Mieterschutz-Verein can represent the tenant's interests. After being a member of a Mieterschutz-Verein for a few weeks, you are usually covered by a legal expenses insurance policy to cover future problems pertaining to rental matters.

Mieterschutz-Vereine can be found in most towns and cities. Besides direct legal advice, they also offer information brochures about tenancy agreements. You can find your local association in the telephone directory under Mieterverein or contact the Deutscher Mieterbund - DMB (national tenant association):

Deutscher Mieterbund
Tel. 0221/94077-0
E-mail: info@mieterbund.de
Internet: www.mieterbund.de.

Deposits (Kaution)

Most landlords ask for a deposit (Kaution) which is refunded when you move out, along with interest earned. However, if damage has occurred to the accommodation the landlord is allowed to withhold the sum required to repair it from the deposit.

The deposit can legally go up to three months basic rent (Kaltmiete) plus 16% VAT. However, many landlords only require a deposit equivalent to 1 or 2 months of rent. The landlord must ensure that you receive the current rate of interest for the whole rental period. The deposit should therefore not be paid to the landlord directly but into a joint savings book with interest. In this way, you can prevent the landlord from keeping the money without your agreement and you will earn the interest. Your bank will give you detailed information.

Rent & Communal charges

Rent (Miete), is the amount paid to the landlord every month. This is the Kaltmiete (cold rent) plus the extra costs such as garbage disposal, street and house cleaning costs, heating and water costs. All of these costs together are called Warmmiete (warm rent).

Additional costs depend on the apartment and its location and are individually detailed in the contract. Additional costs such as heating, gas, water and electricity costs are usually dependent on personal usage and are paid monthly at a predetermined fixed rate. Meters are read yearly and you are refunded by or pay extra depending on what you have used.

Other additional costs (such as garbage disposal, street and house cleaning) depend on the size of the apartment. In some cases, especially in old apartments, this can also apply to some of the individual costs stated above. For example, if a house doesn't have individual measurement of heating for each apartment, then the total cost is split between the apartments according to their relative size.

Most landlords expect rent to be paid by automatic bank transfer or standing order; this is usually specified in the contract. Some landlords require you to have insurance to cover them in the event of damage to their own property or liability for adjoining properties. These policies cover personal effects (Hausratsversicherung) and personal liability (Haftpflichtversicherung).

Rules & regulations (Hausordnung)

A lease will also contain general rules which apply to you as a resident tenant. In larger apartment blocks with numerous tenants, these rules are often summarized in a separate Hausordnung (house rules). Among other things, they normally stipulate that between 22:00-07:00 and 13:00-15:00 excessive noise is prohibited. In some cases, they also regulate who is responsible for cleaning joint-facilities like staircases, entrance areas, and basement on particular days.

Take into account these rules form part of your contract; breaking them can give your landlord the legal right to kick you out of the apartment. This can come as a bit of a shock to foreigners coming from less "regulated" countries, but do not be surprised if your housewarming party causes complaints from your new (and very angry) neighbours.

House care taker: In houses with a number of tenants, there is often a Hausmeister (caretaker) and Hausverwaltung (manager). The caretaker and manager are responsible for keeping everything running and organising repairs.

Winter Service and Street Sweeping: If there is no caretaker then residents are legally obliged to remove snow and ice from in front of their house during winter. This is generally stated in the rent contract. If tenants are responsible for removing snow and ice then they are liable for all injuries incurred if they fail to meet their obligations. In some regions the streets also have to be swept once a week.

House Pets: Whether or not pets may be kept in an apartment must be discussed with the landlord and should form part of your rent agreement. If a tenant wants to have a pet in the flat where they already live then the rent contract or the landlord should be consulted to see if this is allowed. House pets are dogs, cats, birds, hamsters, etc.

Notice period

There are certain periods of notice valid for rental agreements. This period applies if either you or the landlord wish to terminate the rental agreement. However, the landlord cannot cancel the rent contract without a reason.

The legal period of notice on open-ended rent contracts is three months. The longer you live in a property, the longer the notice period. Any different conditions must be stipulated in the lease or separately in writing. In some cases, landlords will want you to sign a contract which only runs for a predetermined number of years. We've heard of cases where the landlord drew up a 5 year contract and tried to force a tenant wanting to terminate his contract to keep the apartment for the whole rest of the agreed period! It is recommend to never sign such a rental agreement, but if you do get into a situation like this, you should immediately contact your local tenant's association. In many cases, such contracts are not permitted and are therefore not legally binding.

Redecoration (Rennovierungsarbeiten)

Your contract should state who is doing what type of redecoration and when. Redecoration includes such things as the painting of walls and the replacement of carpets. Many landlords don't want to redecorate before a new tenant moves in and therefore require the tenant to do so, in this case there are two options:

(a) You redecorate the apartment when you move in.
In this case, the apartment has been given over without redecoration (unrenoviert). You're therefore not obliged to redecorate when you move out, and it is up to you to decide whether or not you want to do so when you move in.

(b) You redecorate the apartment when you move out.
In this case, the apartment must be handed over redecorated (i.e. with freshly painted walls etc.), giving you the advantage of not having to do so when you move in. In this case, your contract will require you to redecorate when you move out (or risk losing your deposit).

Since it is far more fun to redecorate an apartment you're going to live in than one that you just want to get out of, many people prefer to rent an apartment without redecoration. This also gives you the advantage of being able to redecorate the apartment the way you like it.

Defects and liability

Before moving into rented accommodation, make an appointment with the landlord to inspect it for any defects (scratches, stains, wear and tear, damage etc.). Write everything down, even if damage appears very slight. Otherwise you may find you will be charged for the repairs or your deposit will not be repaid to you in full when you move out. The list of defects and damage must be signed by the landlord and kept by you.

When you move out the same kind of appointment should be made with the landlord or manager to verify defects and damage. If the accommodation is in a noticeably worse condition than at the start of the tenancy the landlord may retain the deposit paid by the tenant in part or in full. Otherwise, you should prepare a written document of the transfer stating that the apartment has been transferred without defects or damage and that the deposit should be repaid in full.

It is advisable to have a German friend/colleague with you during the transfer who knows the procedure and can make sure there are no linguistic misunderstandings.

House keys

Another important part of your lease is the listing of keys you've been given. Make sure you receive all keys stated in the document. If you lose any keys to your home, you will be held liable for having the locks changed, and if you loose a key to a common area, you will probably have to pay for new keys for your neighbours as well! Be careful, normally you cannot just make copies of keys in a shop, as many modern keys are numbered and you need a permission from the landlord to make a copy.

HOUSEHOLD MANAGEMENT & UTILITIES

When you move into a new flat, you often have to take care of a lot of things that might work quite different in Germany than in your home country.

Water: Water is normally billed based on usage and charged with the rent. Water in Germany is generally hard, but there are a number of filter systems available to reduce or eliminate the calcium (Kalk) that builds up on heating elements and in pots and pans.

Electricity and gas: Each tenant must register with the local gas and/or electricity company. The landlord, house manager or caretaker can tell you who is responsible for supplying the gas and electricity and where you should register.

Electricity rates in Germany are among the highest in Europe. The easiest thing to do is register with your local electricity supplier, but you can also chose from a range of alternate providers. There are often major price differences depending on which company supplies your electricity. Some suppliers offer discount tariffs late at night (Nachttarif) and you can also make ecological choices (such as environmentally-friendly electricity or nuclear!) There are consumer advice centers and websites that provide information on electricity and costs, including www.billig-strom.de, www.stromtarife.de and www.stromtip.de.

Oil and Coal heating: The costs of central heating are also included in the overall rent costs. Single storey heating, coal heating, gas and oil heating are charged separately. The tenant is responsible for payment and ensuring adequate supplies (as long is this is not included in the Warmmiete).

Separating garbage

Generally high levels of environmental consciousness mean it is common in Germany to separate rubbish for recycling and disposal. There are normally several different bins in each apartment block. Paper, glass and packaging are often collected separately. Packaging often has a Grüner Punkt symbol to show it can be recycled. Food and organic waste is collected separately for compost. Finally, there is Restmüll (other rubbish) which is what doesn't fall into other categories.

Chemicals: All rubbish containing poisons or chemicals (e.g. fridges, paints, batteries, etc.) have to be taken to specials depots and cannot be put in regular rubbish bins. These depots are run by the local garbage disposal companies. Batteries can also often be disposed of in supermarkets or electrical goods stores.

Bulky waste: Old furniture and large electrical goods are picked up by garbage disposal firms and are classified as Sperrmüll (bulky waste). The days when such goods are picked up are published in the local town hall or your Bezirksamt (district office). In some towns, a date can be arranged personally with the garbage disposal firms.

Clothes: Old shoes and clothes can often be disposed of in large containers in towns and cities across Germany. Several times a year the Red Cross and other organisations call on citizens to dispose of their old clothes and donate them to charity. You can find the addresses in the Yellow Pages or at your post office.


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