Tenants Support

Guide

Contents

Why is the Berlin rental market so difficult?

First: decide what it is you’re looking for

This will help to focus your search criteria, so you’re only looking at sites and adverts that interest you

Where to look

Paying for Immoscout plus etc doesn’t seem to be worth it, especially if you have time to dedicate to the search anyway.

Wohnungsbaugenossenschaften

Social housing cooperatives (Wohnungsbaugenossenschaften) do not operate on the open housing market, but supply their members. About 12 % of more than 1.6 million rental apartments in Berlin are owned by cooperatives. Their members make a one-time contribution to the cooperative’s equity capital, which is repaid in full when they leave. Often long waiting lists, but great chances of finding long-term accommodation for reasonable prices.

All Genossenschaften Adresses of Genossenschaften Wohnungsbaugenossenschaft Brochure Syndikat

What is a Wohnberechtigungsschein (WBS)?

With a Wohnberechtigungsschein (WBS), you can move into an apartment (“social housing”) that has reduced rents because it is supported by public funds.

To get a WBS you have to have a residence permit that is valid for at least 1 year, or be German, or be a EU-Member.

You can apply for more than one person if the persons are related or both persons submit a declaration of partnership. (Marriage or family applications make it possible to apply for more than one person!) If you would like to establish a residential community, a joint application is not possible. (No WG applications possible)

You apply for WBS here All documents required and the forms are being provided on this page. Unfortunately only in German, so use deepl.com or google translate to understand the requirements in Detail. Send it to your local district.

Writing a profile for housing websites

Upload all the documents required:

Details:

Registering for www.WG-Gesucht.de

Necessary for registration:

Make your profile stand out with details.

Wg gesucht - how to start a search

Answering an advert on WG-Gesucht

You have to sell yourself to your future house mates to make sure you get the room. And this itself consists of two battles. Firstly, your initial contact (either via phone or email) must interest them enough to get an invite to inspect the room and meet them in person.

And once there, then you must convince them that you are the best candidate for the room. Your initial contact must convince them that it is worth their time meeting you. If they have specified any details in their ad, this is the time to address them. If they say they are looking for someone quiet you could mention that you like to read and ask them if they do.

If they are looking for outgoing social people, ask them who their favorite DJ or band is, if they play any musical instruments and if they go out to many live gigs or concerts. If all goes well, you will get an invite to inspect the room and meet them. Show your interest by asking questions about them and the flatshare life. Go to the inspection on your own.

Writing your introduction message / application

These platforms require you to write an Introduction message (Nachricht) when applying for an apartment, or send a message via the contact form (Kontaktanfrage an …) on the listing. Use the language that the flat offer is written in (German - use Deepl to translate - or English).

Include information about yourselves, such as:

Application Template

Greetings in German

If the landlord is a man, use Sehr geehrter Herr Y If the landlord is a woman, use Sehr geehrte Frau Y If it’s a company or you have got no clue, use Sehr geehrte Damen und Herren

(Greeting here), Mein Name ist X, ich bin auf der Suche nach einer Wohnung. Ich komme aus land und lebe seit amount of time you lived here Jahren/ Monaten in Berlin. Ich bin * profession / student / full time job / no probation etc * und habe genügend Einkommen um für das Dreifache der Kaltmiete aufkommen zu können. Ich bin zuverlässig… Ich liebe Berlin und möchte hier langfristig bleiben. Im Anhang zu dieser Email, befindet Sie sich: (list der Dokumente!)

Ich freue mich über Rückmeldung und stehe Ihnen für Rückfragen jederzeit zur Verfügung.

Herzlichen Dank im Voraus.

Mit freundlichen Grüßen Your name attach all the required documents to the Email

Find template letters in English and German that you can adapt here: https://docs.google.com/document/d/1Ml-2taKWwS9D6CeKwKzC2j4TklmW-NWs6eS8BogACgg/edit?usp=sharing

You might want to fill a form like this in advance and attach it your website profile.

Example guarantor form to print and sign

Bürgschaftserklärung Hiermit übernehme ich die Bürgschaft für Name: Vorname:
Angaben zum/zur Bürge/Bürgin: Name: Vorname: Beruf: Einkommen netto: Adresse: Telefon: E-Mail:

Sollte ______________________________ die Vertragsvereinbarung zu irgendeinem Zeitpunkt nicht erfüllen können, verpflichte ich mich stellvertretend für die Erfüllung der Pflichten, bis zu einem Maximalbetrag von drei Monatsmieten, die sich aus dem Mietvertrag ergeben. Diese Vereinbarung erhebt den/die Mieter/in nicht von seinen/ihren Pflichten der Vertragserfüllung, wie z.B. der pünktlichen Mietzahlung, sondern dient der Absicherung des Vermieters. Ort, Datum: Unterschrift:

Schufa

https://www.meineschufa.de/de/

Mietschuldenfreiheitsbescheinigung

https://ratgeber.immowelt.de/a/mietschuldenfreiheitsbescheinigung-ueblich-aber-nicht-erzwingbar.htm

Find a German-speaking friend!

It is very very helpful to find a German-speaking friend, and even better, someone who has lived in Berlin for several years, for to your housing search!

Social networks are very important here - lots of people find their flats through friends of friends.

They can also help you with translation of housing website profiles, application letters and responses, and maybe even prevent discrimination if they accompany you to flat viewings.

Where else can I find help?

Time pressure

Adverts go very very quickly (sometimes within 15 minutes of posting), so you need to factor in a good amount of time for your search.

Ideally, you want to dedicate some quality time to sitting at your computer and responding to new adverts within the first 5 minutes of them being online.

Sort the adverts by newest first: Aktualität (neueste zuerst).

What to watch out for

Apartment viewings

We recommend that you bring your documents with you, so you’re ready to apply if you like the flat. Otherwise send by email as soon as possible afterwards. Then send a follow up email a few days later to say how interested you are.

Follow up email

— greeting here Wir möchten uns dafür bedanken, dass Sie sich heute die Zeit genommen haben uns die Wohnung zu zeigen. Sie hat uns wirklich sehr gut gefallen. Wir freuen uns schon auf Ihre Rückmeldung, und nochmals vielen Dank für den Termin!

Mit freundlichen Grüßen X

What to check in a contract

Why is a rental contract important?

Terminating a Contract

You must give your landlord 3 months notice (check your contract to see if it says anything different) of your plans to move out. To give notice, you must send a letter/ Kundigungsschreiben (not an email) to the landlord.

You must cancel before the 3rd work day of the month. For example, if you cancel on January 1, your lease will end on March 31. The cancellation period starts when the landlord gets your cancellation letter, not when you send it.

You should use registered post - per Enschreiben or Zustellungsbescheinigung - to send the letter, as then the landlord can’t pretend it didn’t arrive.

If you are still in your ‘Mindestmietdauer’ (minimum rental term, normally 1-2 years), you can give your landlord 3 months notice and then find a suitable tenant to replace you. You will be in charge of viewings, and you will need to send prospective tenants’ applications to the landlord for them to choose.

https://www.immobilienscout24.de/umzugsexpose/musterbrief-kuendigung.html - template for termination letters

Landlord’s notice

The amount of notice a landlord is required to give depends on how long the tenant has been living in the property: Minimum time in property: 0 - 5 years = 3 months; 5-8 years = 6 months; 8+ years = 9 months

This minimum notice period only applies if the landlord wishes to turn the property over to personal use. If you have violated your rental contract by failing to pay rent or subletting, the landlord is entitled to terminate the contract without notice. You have the right, however, to protest against the termination and the matter may be taken to court (this process can take around 6 months, during which you can stay in the flat).

Your Tenant Rights

Rental terms:

Rent increases

The landlord cannot increase the cold rent within the first 12 months. The landlord is allowed however to increase the rent up to 15% within a 3 year period. But this increase should be justified. The landlord cannot increase the rent when someone joins you on the rental contract.

Use the Mietspiegel or speak to a renters’ union if you think you are being unfairly charged.

Evictions

You’re safe from sudden evictions. Every tenant in Germany is protected by the legal notice of contract termination of at least 3 months.

Eigenbedarfskündigung

Eigenbedarfskündigung means that the landlord can reclaim his or her flat for their or their direct family´s usage within 3-12 months, depending on how long you lived in the flat.

You can ask them for proof that they are going to move in, and they are bound to provide it.

A new law concerning Eigenbedarfskündigung makes it harder for ´new´ landlords to kick you out. Let’s assume your flat gets bought, the new landlord has to wait for 10 years until he or she can move in via Eigenbedarfskündigung.

Mietspiegel / ‘Rent mirror’

A ´Mietspiegel`gives you an idea of the average rent in your area / apartment block. It is useful to see if you are paying more than you should be.

Check your address and enter details about your flat to get to know how much your rent should be according to the `Mietspiegel´. https://www.stadtentwicklung.berlin.de/wohnen/mietspiegel/

Mietpreisbremse

The rent brake applies exclusively to the rental of residential space. It has been in force since 2015 and is valid until May 31, 2025. When a new lease is signed, the new rent may not exceed the local comparative rent (shown on the Mietspiegel) by more than 10 percent. If you are paying more than 10% above average rents, you can use the Mietpreisbremse mechanism to get a refund or reduction from your landlord. Renters’ unions come in useful here!

Note: if your landlord says your rent is higher than the average because of e.g. furniture rental cost / nebenkosten etc, and this isn’t made clear in your contract, then your right to Mietpreisbremse then is even more clear.

E.g. If your contract says cold rent = 1000 euro, nebenkosten = 300, and your Vermieter says oh because the cold rent covers x and y, but the contract doesn’t state that it includes that, then from a legal POV, it just looks like they’re overcharging you (which they are anyway).

Also, if they say it’s a furniture fee, then talk to the Mieterschutzbund, as they can calculate using a specific formula what a fair fee/rental would be, and then you can get a refund on the rest.

Furniture fees:

If your landlord charges you for furniture/a fitted kitchen etc when you move in, and this is part of your contract/emails exchanged before moving in, you may be eligible to get some of it back.

Take the contract and the amount to your renters’ union, who will perform the necessary calculations and check the amount was fair. If it wasn’t, the landlord is obliged to repay you.

Admin/processing fees

Are illegal. If you pay them to a landlord, you can request to be repaid after signing the contract.

Note: if you pay a bribe to a previous tenant, then you are not protected.

Eigenbedarfskündigung / Termination Notice for Personal Use

Take out tenancy protection insurance (Mietrechtsschutzversicherung). Do this early (NOW!). Most insurance policies have a lead time before they can be used to claim. Keep calm after the first shock!

Seek legal advice immediately or get advice from an experienced lawyer:

Get in touch with your neighbours and tenants’ initiatives and network. Do not object to the notice of termination until shortly before the expiry of the objection period, otherwise you could be evicted prematurely.

Keep the landlords in the dark as long as possible about whether you are moving out or not.

Go to the land registry to clarify ownership and to get information about other flats and houses owned by the landlords. It may be important for your own proceedings, but definitely for a possible networking among tenants who have the same landlord.

Find more information about Eigenbedarfskündigung here.

Subletters’ Rights

Permission: The main tenant should seek permission from their landlord to sublet. Their reasons for subletting can be social or financial. This is usually granted, although many people seem to fear that it won’t be.

The landlord MUST give the tenant their permission if they simply want to share the flat with someone else, but they are not obliged to if they want to sublet the whole place without being there.

Contracts: Proof of rent payment to the main tenant/your landlord + permission from their landlord to sublet = your contract. Standard contract terms apply in this case. You can join a renters’ union on this basis. The renters’ union can mediate between you and the main tenant only.

Subletting: BMV call this situation ‘precarious tenancy’ - when you are subletting without permission and have no access to the actual landlord. No numbers exist on subletters in the city, but precarious tenancy is an increasing problem. However, it might not be as precarious as you think!

Without permission - if the landlord finds out, he can terminate the whole tenancy.

Taking action: If the subletter and the main tenant are in a verein, and you both want change from the landlord, then you can bring action against them. A subletter cannot bring action vs the landlord alone.

Anmeldung: The main tenant must issue the subletter with a Wohnungsgeberbestätigung to show proof of their residence. Very rarely the Bürgeramt might ask for the main tenant’s contract with their landlord, or the landlord’s permission to sublet.

‘No Anmeldung possible’ - probably means the main tenant is scared and has not asked permission from their landlord.

Good luck!