The first rental apartment: tips for young people

Out of the parents' house, into the first rented apartment: this is a big step for young people. Whether handover protocol, deposit or rental agreement - there are a number of legal issues to consider.

Young tenants should know their rights and obligations

Finding an apartment is a real challenge for students and trainees. The range of cheap apartments is scarce and the competition is correspondingly high. It is no wonder that the first own rental contract often feels like a main prize. Even if that is a good reason to celebrate, it is now important to keep a cool head. "With their first own apartment, young adults enter a territory that is completely unknown to them, " says Rolf Janßen, Managing Director of the DMB Tenant Protection Association Frankfurt am Main. "You should know what rights and obligations you expect as a tenant."

Law overrides lease

Often there are conditions in rental contracts that are unfavorable for tenants. If a clause violates applicable law, it is ineffective. The landlord may not extend the statutory notice period for the tenant (three months). In other cases, the tenant must adhere to disadvantageous agreements. An exclusion of four years' notice means that the tenant can only properly terminate after four years. If you play it safe, have your lease checked by a lawyer before you sign it. The tenant associations offer this to their members free of charge.

Pay deposit in installments

Landlords can demand a deposit of three basic rents (rent without operating costs). This is a lot of money for young professionals. "If the landlord only wants to hand over the apartment keys against payment of the full deposit, you object, " advises Janßen from the tenant protection association. The tenant has the right to pay the deposit in three installments, with the first three months' rent.

Take a close look

A scratch in the laminate or parquet, a crack in the sink - at the latest when moving out, even minor damage can cause great trouble. It is therefore all the more important to document the condition of the rental apartment before moving in. Tenants and landlords go from room to room together and record all damage in writing. Finally, both sign the handover protocol. “Together, write down the meter readings for electricity, gas, water and heating,” advises Janßen. This avoids having to pay for the previous tenant's operating costs.

Always pay rent on time

The most important rule for tenants is: Always transfer the rent to the landlord on time! According to the law, the rent is due on the third working day of the month. The Federal Court of Justice ruled in 2016 that it was sufficient to transfer the amount due on the third working day. Rental expert Janßen still advises you to set up a standing order for the last of the previous month or the first of the month.

Because the rent should go off the account before all other debits, as long as this is still sufficiently covered. "With other contracts, a failure is not so dramatic, but you can lose your apartment if you pay the rent too late, " warns Janßen. There is a risk of termination if the rent is always paid, but several times late. Conclusion: Those who are familiar with tenancy law have a clear advantage. The Deutsche Mieterbund (DMB) and its regional tenant associations, for example, provide help with problems.