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  Housing in Germany

Apartments in Germany include bedrooms as well as the living room : an apartment in Germany with two bedrooms and a living room will be described as a 3-room apartment.

Choosing a neighbourhood

If you have children your priority will probably be to live in the vicinity of a particular school. Distance from work and traffic should be taken into account as well as the kind of lifestyle you intend to have. If you want to make the most of German culture you may prefer to live in central areas of a city, whereas suburbs are more appropriate if your family feels more comfortable as part of the expatriate community.

Properties for rent :
Furnished or Unfurnished ?

Both types of apartments are available. Furnished houses are fairly difficult to find on the rental market. You will rather find small furnished apartments, it is more difficult to find furnished bigger apartments.

If you decide to go for unfurnished housing and take your household goods with you, you must be aware that appliances, curtain rods and lighting fixtures will most likely not be in place. You may negotiate with the owner and/or prior tenant if he is still around for these furnishings to be provided or left behind - usually for a price. Unfurnished houses and apartments sometimes have no kitchen equipment. Any understanding you reach should be put in writing.

Conditions

Unless the lease is signed in the Company's name, you will be requested to provide evidence of net monthly salary of approx. 3 times the monthly rent and to prove that you are a permanent employee and not working for a limited trial period.

However, if you were only recently recruited by your Company or if the monthly rent is too high compared to your monthly salary, you have two options:

A bank guarantee : the usual procedure is for the bank to block the deposit ín accordance with the tenant.
Payment of the caution to the tenant in cash or on a savings book.

The rental contract

In general the lease is a pre-printed contract but variations from both sides are possible. Usually a contract contains the following elements :

• Names and addresses of the parties.
• Summary description of the rented property.
• Duration of the contract : For a temporary lease the tenant often requests a minimum period of two years.
  Effective date.
• Renewal - Notice : The tenant must give from 3 - 6 months (according to the contract) notice before termination of the lease.

Amounts of payments

• monthly rent
• provision for charges, for apartments only (1/12 of the estimate of the yearly expenses for electricity and
  cleaning in the common areas, water, lift maintenance, wages for the apartment manager, rubbish collection tax, and in some cases central heating)
• monthly total : total obtained by adding up the two previous amounts.

Payment terms

the sum is payable in advance and in full around the 1st of each month. You can instruct your bank to automatically wire the amount every month; ask for the bank details of your landlord.

Revision of the rent

the rent is revised every year on the basis of the average cost of construction index over 4quarters.

Guarantee deposit

2 or 3 month rent (netto) ; this deposit will be returned to the tenant no later than 3 months after hisdeparture, providing the lessor does not claim part or all of it for repairs of damages allegedly caused by the tenant to the premises ; the lessor must prove the extent of such damages in the event of a dispute.

Fees : for an unfurnished property, the agent‘s fee (generally 2-3 month rent excl. charges) is usually paid by the lessor.

Important : As there are no standardized rental contracts in Germany, please read your lease carefully which states the tenant's and the lessor's responsibilities.

The Lessor's Obligations

Usually the lessor is bound :

• to maintain the premises in a state fit for the intended use and to make all the necessary repairs other than rental
• repairs to return the apartment to the tenant in a renovated state if the apartment was renovated at the beginning of the lease.
• not to object to conversions made by the tenant not constituting a transformation of the rented premises
  
• to give a discharge to the tenant whenever he so requests, however the tenant is obliged to announce his visit in advance giving an obvious reason.

In the event of sale or transfer of the premises, the new lessor shall be required to notify its name and domicile (or corporate name and registered office) to the tenant, by registered letter with acknowledgement of receipt, and, if need be, those of its representative.

The Tenant's Obligations

The tenant is bound :

• to answer for the damages and losses occurring during the term of the contract in the premises of which he has
  
• exclusive enjoyment, unless he can prove they occurred by circumstances outside one's control, by the lessor's fault or by the action of a third party he did not introduce into the housing
  
• to undertake personally the daily maintenance of the housing and amenities in the contract, the minor repairs (according to the contract) and all the rental repairs defined by decree of the Council of State, unless they are caused by age, poor workmanship, a construction defect or circumstances outside one’s control.
  
• to inform the lessor immediately of any accident or damage occurring in the rented premises, even if noapparent damage arises therefrom
  
• not to transform the rented premises and their amenities without the lessor's written agreement ; the lessor may,
  
• if the tenant has disregarded this obligation, demand that the premises and amenities be restored to their original condition upon the tenant's departure or keep the alternations made without the tenant being able to claim any indemnity for the expenses incurred; the lessor shall however have the option of claiming from the tenant the immediate restoration to the original state of the premises if the transformations endanger the proper operation of the amenities or the safety of the premises
  
• to allow the improvement works on the common or private areas of the same building to be carried out in the rented premises, as well as the works required for the maintenance in condition and normal upkeep of the rented premises
  
• to take out insurance against the tenant's risks for which he must answer as a tenant : fire, water damage... and to provide proof thereof to the lessor after having handed over the keys, by giving him the certificate issued by the insurer or its representative ; he should provide proof thereof in this way every year, at the lessor's request (see Insurance)
  
• to allow visits, for sale or rent, of the rented premises; the times of visit shall be fixed by agreement between the parties.

Signing the Rental Contract

Please note that German landlords will usually require the following documents to establish the lease :

• Photocopy of passport or identity document
  
• Statement from your Company confirming your status and salary (Arbeitgeberbestätigung)
  
• Proof of previous earnings (last pay slips or income revenue declaration)

When signing the lease, you will usually have to pay the following amounts :

• 2 / 3 month deposit
• first month rental
• real estate fees

The inventory

A very important document attached to the rental contract is the inventory of premises drawn up upon handing over the keys to the tenant. It is a detailed description of the condition of the premises.

For a furnished property, the inventory will also include a list of the contents.