Germany: renting a flat, the checklist until you move in

Searching and viewing

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Work out your budget with the warm rent and the deposit.
The rent deposit calculator shows what is due on moving in: the first installment and the first rent.
Do not pay an agent’s commission if you did not hire the agent yourself.
He may not ask a flat seeker for any fee, unless he obtains the instruction solely because of the contract with you (WoVermRG § 2 para. 1a).
Sign an agent’s contract only knowingly, and read it first.
The brokerage contract needs text form, and advance payments are forbidden (WoVermRG § 2 paras. 1 and 4).
Check whether the rent requested is allowed in a tight market.
The rent brake calculator and the rent brake guide show the limit.
At the viewing, note defects, the state of the windows and heating and any signs of damp.

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Check which utility costs you bear and how high the advance payment is.
You bear operating costs only if agreed; advance payments may only be agreed at a reasonable level (BGB § 556 paras. 1 and 2).
Check the deposit: at most three months’ net rent, payable in three installments.
An agreement to the tenant’s detriment is void (BGB § 551 paras. 1, 2 and 4).
Ask how the landlord invests the deposit.
Separately from his assets at a bank; the income is yours and increases the deposit (BGB § 551 para. 3).
Remember your notice period: three months.
At the latest on the third working day of a month, effective at the end of the month after next; deviations to the tenant’s detriment are void (BGB § 573c paras. 1 and 4).

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Make a handover record with defects, meter readings and keys, ideally with photos.
The landlord’s claims for damages for changes to the flat expire six months after return (BGB § 548 para. 1): a record at move-in helps at move-out.
Have the landlord confirm your move-in (Wohnungsgeberbestätigung).
He must confirm it within two weeks, with address, move-in date and the names of the people required to register (BMG § 19 paras. 1 and 3).
Register at the registration office within two weeks of moving in.
Anyone who does not register, registers wrongly or too late commits an administrative offense (BMG § 17 para. 1 and § 54 para. 2).

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Note the deadlines for the first utility costs statement.
The “check your utility costs statement” checklist explains the two twelve-month deadlines.
Go through the moving checklist: change of address, electricity, internet and mail.