Corpus Makler · Guide · November 2026
The right rent
The local rent index (Mietspiegel) of your city, comparable offers and the features of the flat provide orientation. In areas with a tight housing market the rent cap (Mietpreisbremse) applies: there, the rent for a new letting may in principle be at most 10 per cent above the local comparative rent (§ 556d BGB), with exceptions for example for new buildings and after comprehensive modernisation. Which cities in NRW are affected is determined by the state government by ordinance. You should check whether the rule applies to your flat before advertising.
Preparing the flat and documents
- Energy certificate: key figures belong in the advert, and the certificate must be available at the latest at the viewing (§§ 80, 87 GEG).
- Condition: small repairs and a clean, bright flat make a big difference.
- Documents: floor plan, living space, list of operating costs and, for flats, the house rules of the owners' association
- Smoke detectors: In NRW they are mandatory in bedrooms, children's rooms and hallways leading to living rooms (§ 47 Abs. 3 BauO NRW).
Selecting tenants – with data protection
Landlords may only collect the data that is actually necessary for the decision. At the viewing, a name and contact details are usually sufficient. Information on income, employer or a credit report may only be requested once a prospect seriously wants to rent. Questions about religion, origin, family planning or party membership, for example, are not permitted. The General Equal Treatment Act also prohibits discrimination in the selection.
Tenancy agreement, deposit and handover
- Tenancy agreement: Use an up-to-date contract. Outdated clauses, for example on cosmetic repairs, may be invalid.
- Deposit: at most three months' net rent, payable in three monthly instalments, to be kept separate from your own assets (§ 551 BGB)
- Handover report: record the condition of the rooms, meter readings and number of keys, signed by both parties
- Landlord's confirmation (Wohnungsgeberbestätigung): The landlord must confirm the move-in to the tenant so that they can register their address (§ 19 Bundesmeldegesetz).
Who pays the agent?
When letting flats, the "whoever orders pays" principle (Bestellerprinzip) applies: whoever engages the agent pays (§ 2 Abs. 1a Wohnungsvermittlungsgesetz). In practice this is usually the landlord. The commission may not exceed two months' net rent plus VAT. For landlords, agent costs for let properties are usually deductible income-related expenses.
After the move-in
Letting brings ongoing tasks: checking rent payments, preparing the annual operating cost statement on time and responding to reports of defects. If you do not want to do this yourself, you can engage a rental management company.
Our support
Corpus Makler handles new lettings from the rent estimate through the exposé and viewings to the tenancy agreement and handover. Ongoing management can be taken over by Corpus Hausverwaltung on request. Our letting checklist helps with the preparation.
Further reading
Our guide articles give a general overview (as of November 2026) and do not replace legal or tax advice in individual cases. The German version is binding.
