What to know first
- Kaltmiete and Warmmiete describe different cost layers.
- Utilities and heating arrangements must be checked rather than assumed.
- The handover record protects both sides.
- Notice, subletting, and renovation clauses deserve careful reading.
Read the cost structure
Kaltmiete is the base rent. Warmmiete usually combines base rent with specified operating-cost advances, but it may not include every recurring cost. Electricity, internet, and sometimes heating arrangements can sit outside the amount advertised.
Ask which costs are advances subject to later reconciliation, which are fixed, and which contracts you arrange yourself. Build your budget from the contract, not the listing headline.
Understand the commitment
Check whether the lease is open-ended or fixed-term, how termination works, whether a minimum term exists, and what the contract says about subletting, pets, shared use, furnishing, and house rules.
Do not assume a clause is enforceable merely because it appears in a template, but do not ignore it either. A tenants' association or qualified lawyer can assess a concrete agreement.
Know the exact deposit ceiling
For a standard residential cash deposit, §551 BGB limits the security to three months of Kaltmiete, excluding separately stated operating-cost advances. The tenant is entitled to pay a cash deposit in three equal monthly instalments; the first is due at the start of the tenancy.
Example: with €700 Kaltmiete and €900 Warmmiete, the normal statutory ceiling is €2,100—not €2,700. Verify the recipient and bank details independently and never transfer a reservation payment for an unverified listing.
Make the handover evidence-based
Inspect the home in good light. Record meter readings, keys, furniture, walls, floors, appliances, moisture, and existing damage in a signed handover protocol. Take dated photographs for your records.
Report newly discovered problems promptly in writing and retain proof. On departure, repeat the process and agree how keys are returned.
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Common questions
Does Warmmiete include everything?
No. The included items depend on the agreement. Electricity, internet, and other costs may be separate.
Should I pay before signing?
Do not transfer money simply to secure a viewing or on the basis of an unverified listing. Review the agreement, verify the parties, and understand the payment basis.
Where can I get help with a contract?
Local tenants' associations and lawyers specialising in tenancy law can review concrete documents and disputes.