As of: March 26, 2024, 8:02 a.m
By: Laura Hindelang
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Even after signing a rental agreement, it is worth looking through the document in more detail.
It may contain illegal clauses.
A rental agreement usually extends over several pages - and is not always completely transparent.
Clauses, commandments and prohibitions are lined up one after the other and are often not questioned by the tenant.
You put your signature at the end of the document and don't think about it any further.
Only when conflicts arise with the landlord or the move is imminent will the rental agreement be dug out again.
It is not uncommon for there to be traps lurking in the rental agreement.
Invalid clauses in the rental agreement
There are some clauses that provide the rental agreement with illegal regulations from the start.
It is not uncommon for the landlord to demand things that are illegal - and therefore invalid - from a legal perspective.
If you discover an illegal clause in your rental agreement, you should either contact the landlord, the property management company or a tenants association directly.
In all cases there have been court rulings in the past that have been in favor of the tenants.
As a tenant, you are in the right in the following points.
Long notice periods, prohibiting pets, renovations – all of this must not be included in the rental agreement.
© Shotshop/Imago
1. Long notice periods
The statutory notice period of three months applies to all contracts concluded from September 1, 2001, informs the
Pro Mietrecht
portal .
So-called extension clauses (for example: “The rental agreement is extended by one year if it is not terminated at least six months in advance”) are no longer permitted.
Even how long you have been living in the apartment has no effect on the notice period, emphasizes the
Finanztip
portal .
Exceptions are possible.
Landlords and tenants can agree on an individual notice period - but only if it is shorter than three months, writes
Allianz Insurance.
A longer notice period, on the other hand, would restrict tenants too much and put them at a corresponding disadvantage.
If you want to end the tenancy, you will need a letter of termination.
2. Renovation requirement
According to the law, the landlord is responsible for maintaining the rental property, informs
ImmoScout24
.
However, numerous rental agreements contain provisions that oblige the tenant to carry out cosmetic repairs.
These are not classic repairs, but rather touch-up work, such as painting.
In the past, certain deadlines for the respective work were a common addition to the rental agreement (for example: “The tenant must cancel every three years”).
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Most of these clauses are invalid.
The obligation to carry out cosmetic repairs can only be transferred to the tenant in certain cases, according to the website of the
Hamburg Tenant Protection Association
.
For example, if the tenant has taken over a completely newly renovated apartment.
However, almost all other clauses that require repair work are ineffective.
3. Pet ban
According to the case law of the Federal Court of Justice, a clause that prohibits the keeping of animals across the board is invalid.
A clause that only allows keeping small animals is just as ineffective.
Both bans would put the tenant at an unreasonable disadvantage, informs
Stiftung Warentest
.
Small animals such as fish or hamsters are always permitted.
The landlord can only request permission for larger animals, i.e. cats and dogs.
As a rule, the landlord must allow cats; for dogs, it depends on the individual case.
Factors such as the type and size of the animal and the interests of the other tenants play a role.
Animal husbandry must remain within reasonable limits, emphasizes the
legal portal of Ergo Versicherung
.
If there is significant nuisance, the landlord can subsequently revoke his permission.
4. Inaccurate area information
Another pitfall in the rental agreement: In some rental agreements, the living space is only approximately stated by adding “approximately”.
The intention that the
Berliner Mietverein
suspects behind this: “The aim is to prevent the tenant from reducing the rent if it subsequently turns out that the apartment is much smaller than stated in the rental agreement.” If the living space differs by more than ten percent from the stated value this is considered a defect.
According to lawyer Mikio A. Frischhut, it doesn't matter whether a specific value or an approximate area is stated in the contract.
“For example, if an apartment is 20 percent smaller than agreed in the rental agreement, tenants can usually reduce the rent by 20 percent,” says the lawyer to the
Immowelt
portal .