Do you rent a place in Berlin or want to sign a rental contract? Here you can find information on types of contracts, termination, the security deposit, and rent increases.
What is a rental contract?
If you have found an apartment, you need to sign a rental contract. A rental contract is an agreement between the landlord and the tenant: you are allowed to live in the apartment or room, and in return you pay rent every month.
Tip: A rental contract can also be made verbally, but we recommend signing a written contract in case problems arise later.
The contract must state who the parties are—that is, who the landlord and the tenant are. Your landlord can be a private person or a company.
Main tenancy and subletting: who do I sign the contract with?
Your rental contract can describe one of the following types:
- Main tenancy: You have the rental contract directly with the landlord. In this case, you are the main tenant of the apartment.
- Subletting: You rent a room in a shared apartment (WG) or an entire apartment. You do not have the contract directly with the landlord, but with a person who is the main tenant. This person needs permission from the landlord. You are a subtenant of the apartment.
Fixed-term and open-ended: how long is my rental contract valid?
Your rental contract can have one of the following terms:
- Fixed-term: The contract ends on a specific date. However, not every fixed term is valid—it must have a valid reason. Have a counseling center check whether the fixed term is valid. You can find more information about fixed-term contracts at the Berliner Mieterverein.
- Open-ended: The contract has no end date. However, you can terminate it at any time.
You should seek advice at a counseling center if you have not received your security deposit back after six months.
Cold rent and warm rent: what is included in the rent?
Your rental contract can include one of the following rent types:
- Net cold rent (Nettokaltmiete): Also called cold rent or base rent. This is the price for the apartment only. You must pay additional service charges. The exact amount is listed in the annual Nebenkostenabrechnung (utilities statement).
- Gross cold rent (Bruttokaltmiete): This is the price for the apartment plus "cold" service charges, such as waste collection or building insurance. In addition, you must pay "warm" service charges, such as heating or hot water.
- Gross warm rent (Bruttowarmmiete): This is the cold rent plus both "cold" and "warm" service charges. The rental contract must state what is included in the service charges.
Service charges are not fixed: At the end of the year, you will receive a service charge statement with the final amount.
Stepped rent and index-linked rent: what do they mean for the rent amount?
Your rental contract can include one of the following rules for rent increases:
- Stepped rent (Staffelmiete): The rent increases at regular intervals. The exact schedule is set out in the rental contract.
- Index-linked rent (Indexmiete): The rent is tied to inflation. If inflation rises, your rent may be increased once a year in line with the inflation rate (linked to the Verbraucherpreisindex (Consumer Price Index)).
How does the security deposit work?
A security deposit is money you pay to your landlord at the start of the tenancy and get back when you move out. It serves as security in case you cause damage to the apartment or if you owe rent. The deposit cannot be more than three months’ rent (excluding service charges).
When you move in, you should prepare a handover report. Carefully document the condition of the apartment (for example, with photos). This allows you to prove later which damages already existed before you moved in and helps avoid problems when getting your deposit back. You can pay the deposit in one amount or in three installments.
Tip: With your landlord’s agreement, you can sometimes place the deposit in a separate rent deposit account (Mietkautionskonto).
If you do not owe any rent and have not caused any damage when you move out, the landlord must return the deposit with interest within six months.
How can I terminate my rental contract?
Is your rental contract fixed-term or open-ended? This determines whether and how you can terminate it.
- Do you have an open-ended contract?
You can terminate it at any time. You usually have to give notice three months before you move out. Exceptions include a special right of termination (Sonderkündigungsrecht) or a clause excluding termination for a certain period. - Do you have a fixed-term contract?
You are usually not allowed to terminate it. However, check your contract to see whether the fixed term is justified. If no specific reason is stated, the contract is considered open-ended, and you can terminate it normally. You can also try to talk to your landlord—sometimes it is possible to end the contract earlier if both parties agree.
Important: Termination without notice
Tenants and landlords can terminate the contract without notice if serious problems occur, for example health hazards such as mold or urgent safety risks in the apartment.
You must follow a few rules to terminate your rental contract correctly:
- The termination must be sent by letter
- The letter must arrive by the third working day of the month at the latest for that month to count. For example, if your notice reaches the landlord by the third working day in April, the contract ends three months later—on June 30. If the third working day falls on a Saturday, the next working day counts
- Send the letter by registered mail or deliver it in person. Ask for written confirmation of receipt
Du musst ein paar Regeln beachten, um deinen Mietvertrag richtig zu kündigen:
- Die Kündigung muss per Brief zugeschickt werden
- Die Kündigung muss spätestens am 3. Werktag eines Monats ankommen, damit der Monat noch mitzählt. Zum Beispiel: Wenn deine Kündigung bis zum 3. Werktag im April bei dem/der Vermieter:in ist, endet der Vertrag 3 Monate später – also zum 30. Juni. Fällt der 3. Werktag auf einen Samstag, zählt der nächste Werktag.
- Schicke den Brief per Einschreiben oder gib ihn persönlich ab. Lass dir den Empfang schriftlich bestätigen.
How can the landlord terminate my rental contract?
Your landlord can also terminate the rental contract. This must be done in writing by letter. The notice period depends on how long you have lived in the apartment:
- Less than 5 years: 3 months’ notice
- 5 to 8 years: 6 months’ notice
- More than 8 years: 9 months’ notice
There are several reasons why a landlord may terminate the contract:
- Personal use (Eigenbedarf)
- Termination for economic reasons (Verwertungskündigung)
- Rent arrears
- Disturbance of the peace in the building
- Unauthorized subletting (renting to others without the landlord’s permission)
The landlord must justify the termination and state the reasons in the termination letter—otherwise, the termination may be invalid.
You should seek advice at a counseling center as soon as you receive a termination notice.
Counselling
Do you have any questions? Here you can find free, multilingual support that suits you.
Locations in this map
Ankommen in Spandau: Gemeinsam unter einem Dach
Show on mapTogether under one roof" is aimed at people who live in shared accommodation and want to take the step into their own apartment. The goal of the project is to accompany the transition into their own apartment, from the search for housing to settling into the new living environment.
If interested and needed, we also offer assistance to new immigrants who have problems finding their way around the Berlin housing market. Tenants who have questions about their tenancy agreement, tenancy law and utility bills can also find support from us.
Offer:
Advice on questions about finding a flat, applying for a flat, costs of the flat or the tenancy agreement.
Languages: German and English (with translation into other languages if required)
hours:
Reformationsplatz 2
13597 Berlin
Germany
[DeepL:] Monday to Friday from 08:30 to 16:30
BACIM
Show on mapSocial and psycho-social counselling
- with the application and enforcement of social welfare claims such as unemployment benefit II, social welfare benefit, housing benefit, child benefit, etc., as well as with benefit claims for EU citizens and their family members
- in questions concerning health care such as health insurance, sickness benefit, applications according to the law for severely handicapped persons
- in case of personal and/or family conflicts/crises
- in case of foundation applications of the state of Berlin "Stiftung Hilfe für die Familie" in case of pregnancy and/or family emergencies
- in pension matters through the insured person's elders of the pension insurance company
- in legal matters, if required, with the support of a Turkish-speaking lawyer on the following topics: Tenancy law, Turkish family law, aliens law, citizenship law, labour law.
Oldenburger Straße 22
10551 Berlin
Germany
[DeepL:] Monday from 11:00-15:00
Pension advice if required Mondays from 11:00 - 13:00
Tuesday from 11:00-16:00
Legal advice on the first Tuesday of every month from 16:00 to 18:00
Wednesday from 11:00-15:00
Friday 10:00-14:00
Please make an appointment for consultation.
Beratungen
Show on mapWassertorstraße 48
10969 Berlin
Germany
elele-Nachbarschaftszentrum
Show on map[DeepL:] * Parental counseling
- General social counseling
- Tenant counseling for members of the Berliner MieterGemeinschaft
Hobrechtstraße 55
12047 Berlin
Germany
Fair mieten – Fair wohnen
Show on mapThe Berlin office against discrimination on the housing market advises and accompanies people free of charge who are discriminated against on the basis of (ascribed) origin, language, religion, gender identity, sexual orientation, disability, age or social status.
- Writing letters of complaint,
- referral to further support services
- Accompaniment to talks
- assistance in court.
Consultation by appointment via contact form on our website or telephone
Oranienstraße 53
10969 Berlin
Germany
[DeepL:] By appointment
Gutshaus Lichterfelde
Show on map[DeepL:] Free consultation with attorneys as your first point of contact:
Tuesdays, every two weeks from 5:00 - 6:00 pm. Only with registration on the following topics in rotation:
- Family law (divorce/maintenance/intercourse)
- ALG II/basic security law - medical liability law
- Inheritance and disability law or
- general special counseling (Where do I have to go?)
- family law, especially divorce law
- Inheritance law, especially wills and living wills
- traffic law and law of misdemeanors
- aliens and asylum law.
Hindenburgdamm 28
12203 Berlin
Germany
[DeepL:] Telephone registration is necessary
Mietberatung
Show on mapIn the tenancy advice service, you will receive all the important information on the subject of finding an apartment. You will also learn about your rights and obligations as a tenant and where you can find housing offers. This counselling is voluntary. You will be supported by language mediators.
Goslarer Ufer 15
10589 Berlin
Germany
Registration for rental advice during opening hours;
Monday/Tuesday/Thursday: 08:00 - 14:00 hrs.
Wednesday: closed, only emergency service from 08:00 - 12:00 hrs
Thursday: 14:00 - 16:00 Consultation hours for employed persons and trainees with an appointment
Friday: 08:00 - 12:00 hrs
Nachbarschafts- und Familienzentrum "Kiek in"
Show on map[DeepL:] * Social and debtor counseling
- Legal advice from the consumer center
- Social and tenancy law advice for tenants
- and much more.
Rosenbecker Str. 25/27
12689 Berlin
Germany
Nachbarschaftshaus ORANGERIE
Show on map[DeepL:] * Nutritional counseling
- Energy debt counseling
- Family service center
- Mediation and conflict counseling
- Legal counseling
- Self-help counseling
- Consultation hours of the tenants' council
- Social counseling for rheumatism patients
Schulze-Boysen-Str. 38
10365 Berlin
Germany
Nachbarschaftshaus Stadtschloss Moabit
Show on map[DeepL:] * Tenancy law advice
- Social and care counseling
- Energy debt counseling
Rostocker Str. 32
10553 Berlin
Germany
Nachbarschaftsheim Neukölln
Show on mapSchierker Str. 53
12051 Berlin
Germany
Sozialberatung für den Bezirk Friedrichshain-Kreuzberg
Show on mapWaldemarstr. 57
10997 Berlin
Germany
Staakentreff Obstallee
Show on map[DeepL:] * General social counseling
- Tenancy law counseling
- Family counseling
- Pension counseling
- Migration counseling for adults
- Addiction counseling
Obstallee 22 e
13593 Berlin
Germany
Stadtteilladen Halk Kösesi
Show on map[DeepL:] * Open social counseling
- Legal counseling
- Pension counseling
- Special counseling appointments in the Halk Kösesi district store
- Counseling for children, adolescents, their parents and families
- Jobmobil
- Tenant counseling for members of Mieterinitiative Steglitz e.V.
Crellestraße 38
10827 Berlin
Germany
Stadtteilzentrum KREATIVHAUS
Show on map[DeepL:] * Open advice for tenants
- Social counseling
- Legal advice on family and inheritance law
Fischerinsel 3
10179 Berlin
Germany
Stadtteilzentrum Pankow
Show on map[DeepL:] * Tenant counseling for members of Berliner MieterGemeinschaft
- Free tenant counseling on behalf of the Pankow district office
- General independent social counseling
- Advice on social and participation benefits
- Social counseling in Arabic and Kurdish
- Counseling on education and career
- Counseling on professional re-entry
- Academic counseling for refugees
- Counseling for refugees with disabilities
- Counseling for women who have experienced violence
- and much more.
Schönholzer Str. 10
13187 Berlin
Germany
Stadtteilzentrum Villa Mittelhof
Show on map[DeepL:] * General advice on inheritance, family, social, labor and tenancy law.
- Counseling for the elderly
- Family counseling
- Couple counseling
- and much more.
Königstraße 42-43
14163 Berlin
Germany
To Spiti Beratung-Begegnung-Beteiligung (ehemals Interkulturelles Frauen- und Familienzentrum To Spiti
Show on mapAre you new to Berlin or have you been living here for a while and have questions about rent, health, pensions, social legal claims or the job market? To Spiti advises and helps people with a migration background and new immigrants who have been living in Berlin for a longer period of time. General social counselling is offered in German and Greek. It takes place in the Haus der Begegnung in Berlin-Neukölln.
Morusstr. 18a
12053 Berlin
Germany
Open consultation hours on Thursdays from 12.00 - 14.00 hrs
and appointments by telephone
Treffpunkt Burscheider Weg
Show on map[DeepL:] * Social counseling
- Tenant counseling
- Advice from Pflegestützpunkt Spandau
Burscheider Weg 21
13599 Berlin
Germany
Wohnraumberatung für Menschen mit Flucht-/Migrationshintergrund
Show on map[DeepL:] For refugees and people with a migration background who live in Pankow and are looking for an apartment. We help individual adults and families.
- Information on finding housing (e.g. search the Internet, documents, applications, cost transfers, electricity/gas/telephone, etc.).
*Assisting with housing applications and paperwork.
*Hunting for an apartment together to show how it is done
*Assisting with initial apartment viewings, if necessary
*Assistance in signing the lease, help in understanding the lease agreement
*Education on rights and responsibilities as a tenant.
*Referral to other important counseling services
Börnestraße 12
13086 Berlin
Germany
[DeepL:] We have a telephone consultation hour. For new registrations please call the office hours: Wednesdays, 9.00-13.00 hrs.
