Living quarters: legal responsibilities and duties
Renting a Furnished Apartment in Major German Cities: What Tenants Need to Know
Furnished apartments have become increasingly popular among young professionals, digital nomads, and international specialists who require flexibility for their temporary stays in cities. With the rise in demand, the share of ads for furnished apartments nationwide has increased by 45% from 2013 to 2022, and one in three rental offers in the five largest German cities is now for a furnished apartment.
While renting a furnished apartment offers benefits such as convenience and savings on furniture costs, it's essential for tenants to understand their rights and responsibilities.
Rent Control
Furnished apartments are subject to the same overall tenant protections as unfurnished ones. Tenants have legally protected rights including protection against arbitrary rent increases under rent control laws. However, furnished apartments often come at a rent premium. Tenants can consult tenants’ associations to check if rent increases comply with local regulations.
Furniture Allowance and Liability
The furniture is normally provided by the landlord as part of the rental agreement. Tenants must treat the furniture with care, and minor wear and tear is expected. Damage beyond normal use may lead to deductions from the security deposit. Tenants should clarify in their rental contract who is responsible for replacement or repairs of furniture, as typically landlords handle major repairs or replacement unless damage was caused by tenant negligence.
Repair Responsibilities
German tenancy law usually places minor maintenance and cosmetic repairs on tenants, while landlords cover structural or major repairs. For furnished apartments, this principle extends to furniture: tenants should not undertake major repairs or replacements without landlord consent but may be responsible for damage they caused. Written agreements in the lease clarify these duties.
Documentation
It is critical to keep comprehensive records of the apartment and all furniture’s initial condition with photos and a detailed inventory upon move-in, documented in the Übergabeprotokoll, and maintain communication records about any issues during tenancy to protect tenant rights.
Here's a summary of tenant rights and responsibilities, as well as landlord responsibilities:
| Aspect | Tenant Rights and Responsibilities | Landlord Responsibilities | |-----------------------|-------------------------------------------------------------|--------------------------------------------------| | Rent Control | Protected against arbitrary rent hikes; furnished rent may have premium | Must comply with rent control laws | | Furniture Allowance | Use furniture carefully; liable for damage beyond normal wear | Provide furnished items in good condition | | Repairs | Minor maintenance and damage caused by tenant | Major repairs and furniture replacement | | Documentation | Use Übergabeprotokoll to record initial condition | Provide accurate apartment and furniture condition |
This overview reflects typical German tenancy law practices relevant to furnished rentals in major cities, but professional legal advice is recommended for specific lease disputes or complex cases.
