Rent an apartment in the desired city: guide, procedure, prices, …

Renting an apartment – From the search for a suitable rental apartment to the rental contract, to the tenancy law and the return of the old apartment – when renting an apartment you have to consider a lot. You can find out here what rights and obligations you have as a tenant.

Rent an apartment – What you should bear in mind

You may think to yourself that it is cheaper to rent an apartment from private. However, there are some stumbling blocks for tenants, which are very small in the lease and cost you a lot of money and nerves later. That is why we recommend that you look for an apartment through an estate agent. Through our Lukinski real estate agency, you will only receive apartments that have been rented out in accordance with the law, so that you do not have to worry about unpleasant surprises later on. Of course, you will also be more successful in your search for an apartment, as we have a large selection of rental apartments in various sizes and price ranges, which we will be happy to show you during a viewing. But first we will explain how you as a tenant can find the right apartment.

Before you start looking for an apartment, think about your space requirements. How many people will be moving into the new apartment with you, in other words, how many bedrooms will you need? Do you have items that require more space, such as a piano or a large collection of records? Do you want the apartment to be furnished or unfurnished? And do you definitely want an open space, such as a balcony, terrace or even a garden?

A second important point is the question of budget. Think about how high the rent can be. Be realistic, because the rent must be paid on time every month. So don’t overestimate your finances at all. You also need enough money for other expenses and reserves.

Once space requirements, special requests and the maximum rental price have been clarified, you can start looking for your dream rental apartment. You are welcome to contact us for this purpose. A broker from Lukinski will be happy to show you all the rental apartments currently available that match your search profile. Of course, it is also worthwhile to take a look at the various real estate platforms on the Internet as well as in the regional newspapers. In addition, you can still advertise a free search request, so that owners of apartments can contact you directly.

Advantages of finding an apartment through a real estate agent

However, the advantage of searching for an apartment with a real estate agent is that he or she is very familiar with the real estate market in your city or municipality. Our real estate agent from the Lukinski real estate agency takes a lot of work off your hands and is also very familiar with the current legal situation and with contracts. If you have found a suitable apartment through the estate agent, then you must first wait and see. Because the owner must also agree with you as a tenant. Once you have been accepted, the estate agent or the landlord will present you with the tenancy agreement. Form rental agreements are common. Theoretically, however, rental agreements can also be freely formulated.

Tip: If there are clauses in the contract that contradict current law, they are invalid.

Also keep in mind that most landlords require a security deposit, which you must leave with them for the duration of the lease and get back when you move out, provided the apartment is in decent condition. This is because the landlord keeps the deposit to pay for any damages after you move out.

After the successful conclusion of the rental contract and the handover of the keys, you may move into your new apartment at the start of the rental period. Do not forget to take care of some bureaucratic matters. Inform banks, insurance companies and any magazine publishers to which you have a subscription about your new home address. It is particularly important that you inform the municipal office of your new address within two weeks.

Rent an apartment – Tips & Tricks – Video

Already in the real estate offers look for an apartment that is subject to the Tenancy Act

What many apartment tenants do not know is that not every apartment is subject to the Tenancy Act (MRG). This can always become problematic if there is a dispute between you and the landlord. Most old buildings fall within the scope of this law. However, there are also numerous exceptions that you should be aware of.

When looking for a new rental apartment, you should already pay attention to whether you are protected by the MRG as a future tenant. This is because many important rights are derived from it, such as regulations on rent increases and protection against dismissal. The Tenancy Act does not apply to all tenancies in the same way. There are differences such as full application, partial application and non-application. Partial application means that the Landlord and Tenant Act is only applicable to a limited extent. In summary, it can be said that the regulations on protection against termination, time limits, security deposits and regulations in case of death from the MRG apply.

If you want your future rental property to be fully subject to the provisions of the MRG, then pay attention to the following criteria:

• Is the rented accommodation in a building constructed before 1.7.1953 and in which more than two flats are rented?
• Is it a privately rented condominium in a house built before 9.5.1945 in which there are more than two rental properties?
• Is the desired dwelling a rental property in a subsidized rental housing building that offers more than two apartments?
• Is your desired apartment an attic apartment for which a building permit was issued after 31.12.2001?
• Or was your home newly created by an addition for which the owner received approval after 9/30/2006?

Furthermore, the MRG is fully applicable if the apartment is located in a building that was constructed without public housing subsidies after 30.6.1953. Furthermore, you are fully protected by the Tenancy Act if you rent a condominium in a house that was built after 8.5.1945.

If, when looking for an apartment, you come across offers that are in a detached or semi-detached house, even if it is a third unit in the attic, the MRG does not apply. Also, service or company apartments that you are provided by your employer are not subject to the Tenancy Act. Furthermore, you are not protected by the MRG if you rent a second home of category A or B due to a temporary change of location for professional reasons. The same applies to apartments in this category if they are temporary for only half a year or less for other reasons. The Tenancy Act is also not applicable to holiday homes, homes for students or senior citizens, and apartments rented out by charitable organisations.

Return the old rental apartment in proper condition

After you have signed the lease of your new apartment and moved, you must not forget to take care of the return of the old apartment. Have you terminated the old lease in due time? Has the landlord already seen the empty apartment? Or does he demand certain “cosmetic repairs” from you before he pays you back the deposit in full?

In many cases, the landlord wants the apartment to be handed over freshly painted. Cosmetic corrections to the old apartment must still happen within the term of the lease. However, it is good to know when such a clause in rental agreements is effective and when it is not. You may not have to do any painting at all. If you find a clause in your lease that you have to carry out repairs yourself and at your own expense, you should know that such clauses are often legally invalid. This is because cosmetic repairs are the landlord’s responsibility, even though almost every lease agreement passes them on to the landlord. If you have already renovated, you can sue for damages according to the BGH. However, this claim for damages expires six months after the end of the tenancy.

However, you will have to paint the walls if you repainted them a gaudy color during your tenancy. This is because the landlord has a right to get the walls of the apartment back in a neutral color. If the landlord demands a complete renovation of the apartment, he will come up empty. According to the Federal Court of Justice (BGH), as a tenant you only have to repair the damage that you caused yourself.

Tip: According to section 28 para. 4 sentence 3 II. BV the whitewashing, wallpapering and painting of walls and ceilings, of interior doors, windows and exterior doors as well as of floors is understood. Cosmetic repairs” in the legal sense do not include, for example, painting the exterior of doors and windows or sanding and sealing parquet floors. Likewise, these repairs do not include the re-laying of floor coverings, work on masonry or the replacement of worn carpeting. You only have to carry out the above-mentioned cosmetic repairs if you have received a completely renovated apartment.

Conclusion: Renting an apartment is an exciting matter and requires some knowledge, not only to find the right rental apartment, but also to get involved in a legally compliant rental agreement. We at the Lukinski real estate agency will be happy to help you find a suitable rental apartment. Just give us a call! We will show you suitable apartments in the desired region.