Recognising rental fraud means seeing through fake flat adverts by their recurring patterns: rent that is too low, advance payment, an owner abroad and pressure to transfer money quickly. According to TH Köln, students with urgent housing needs are a preferred target. This checklist sorts the warning signs, sets out the legal framework and shows what you can do after a transfer.
In short: According to the consumer advice centre, typical warning signs of fake flat adverts are conspicuously low rents, advance payment for keys or viewings, a deposit before the contract, requests for a copy of your ID and owners abroad. Never pay before a viewing and a proper contract. Fraud under section 263 of the Criminal Code is punishable by up to five years in prison or a fine. Last updated: November 2026.
The key points
- Pay nothing in advance: not for keys, not for a viewing and not as a deposit before the contract.
- View the flat yourself or by video call before you transfer money.
- Compare rent and details with the rent index and check photos with a reverse image search.
- Do not email a copy of your ID, so that nobody can misuse your identity.
- After a transfer: inform your bank at once, file a criminal complaint and report the advert to the portal.
How do you recognise a fake flat advert?
The consumer advice centre describes typical oddities in adverts. None of them proves fraud alone, but several together should stop you. The table sorts the signs and says what you can do about each.
| Warning sign | Why it stands out | What you do |
|---|---|---|
| Conspicuously low rent or utilities | The price is far below the usual level | Compare with the local rent index |
| Request for advance payment | Someone who wants money upfront often only wants to cash in | Transfer nothing, view first |
| Pictures and text do not match | Photos often come from the internet, such as furniture catalogues | Use a reverse image search |
| Clumsy German or a request in English | Texts are copied and translated | Stay cautious, check the phone number |
| Similar adverts with different contact details | The same text appears on several portals | Enter passages into a search engine |
| Missing details | Only a warm rent, no energy certificate, no contact person, no legal notice | Ask who is responsible |
| Foreign account | The IBAN starts with an unexpected country code | Do not pay, report the suspicion |
Source for the table: consumer advice centre, fake flats on the internet, retrieved November 2026 (in German).
Even a legal notice can be forged. For how to check rent, see Mietspiegel finden und lesen (in German). Assumption: the rent index shows about 12 euros per square metre for comparable flats and the advert asks for 5 euros. A gap like that is a reason to look especially closely.
Which schemes are most common?
- Advance payment for keys: Owners who supposedly live abroad ask for a transfer to send or hand over the key.
- Cash on delivery: Even with a key sent to you, you are stuck with the fee, and the key may not fit.
- Early deposit: A deposit is demanded before the contract is signed, with or without a viewing.
- Viewing fee: Money is to be paid to be included in the pre-selection.
- Phishing: Supposed emails from the property portal lead to fake sites.
- ID copy: Fraudsters want to use your identity for illegal business.
- Other platforms: Payment or key handover is to run through platforms not meant for it.
What does the law say about advance payment, deposits and fees?
The law backs your scepticism on several points. Section 551 BGB caps the security at three times the monthly rent excluding flat-rate running costs, and the first of three possible instalments is due at the start of the tenancy, not before the contract. Under section 2(1a) WoVermRG agents may not demand, accept a promise of or receive payment from the person seeking a flat, and you can reclaim amounts already paid. A fee for a viewing is therefore a clear warning sign.
Fraud is a criminal offence under section 263 StGB: anyone who, intending to obtain an unlawful financial advantage, deceives another person by false statements and thereby damages that person’s assets is punished with up to five years in prison or a fine. Attempt is also punishable. Your rights in a regular flat hunt are explained in Wohnungssuche als Student: Welche Rechte und Pflichten du hast (in German).
Checklist: what do you check before any payment?
- Have you seen the flat in person or by video call?
- Do photos, description and location fit together, and is the image search unremarkable?
- Is the rent in line with the rent index?
- Is there a contact person with a verifiable address and phone number?
- Was a written contract concluded before money changes hands?
- Is the payee a domestic account in the landlord’s name?
- Are you being put under pressure, for example with “many interested people, transfer today”?
What do you do if you have already paid?
The consumer advice centre recommends: ask your bank at once to reverse the payment. There is no entitlement to this. With a SEPA core direct debit you can, under section 675x(2) BGB, demand a refund without giving reasons, but under section 675x(4) BGB you must do so within eight weeks of the debit. This rule does not apply to an ordinary bank transfer. File a criminal complaint with the police, which is also possible online, and report the fraud to the property portal concerned so that others are warned. Keep all messages, adverts and payment receipts.
What should international students watch out for?
TH Köln warns that fraudsters particularly target students with urgent housing needs. It recommends checking calmly before signing or paying and getting a second opinion in case of doubt, checking English-language offers critically and watching for unusually low prices. With landlords who supposedly live abroad you should hold a video call. Do not treat a passport scan sent to you as proof of authenticity. If you have no Schufa report, offer proof instead of transferring money, see Wohnung ohne Schufa für internationale Studierende (in German).
Frequently asked questions
May a landlord demand a deposit before the keys are handed over?
Under section 551 BGB the deposit is paid in instalments, the first at the start of the tenancy. According to the consumer advice centre it falls due only at the agreed start of the tenancy. Anyone who wants you to transfer money earlier, without a contract, is acting riskily.
Is a viewing fee permitted?
Agents may not demand payment from flat seekers (section 2(1a) WoVermRG). According to TH Köln, viewing fees are generally regarded as fraud.
Should I send a copy of my ID?
No. The consumer advice centre warns that fraudsters misuse ID copies for illegal business. The Conference of Data Protection Authorities (Datenschutzkonferenz) also considers a copy unnecessary for a letting according to its guidance (version 1.0 of 24 January 2024). You find the current version of the guidance with the Datenschutzkonferenz.
Will my bank help if I transferred money to fraudsters?
You can ask it to reverse the payment, but you have no entitlement. The faster you act, the better. For SEPA core direct debits there is an eight-week window for a refund from the debit (section 675x BGB), but not for a bank transfer.
What to do next
- Check the advert against the table and the checklist.
- View the flat in person or by video before you talk about money.
- Pay only after a written contract and at the agreed start of the tenancy.
- If suspicious: no money, no ID copy, report the advert.
- If you have already paid: inform your bank, file a criminal complaint, report to the portal. For questions on insurance and finances, personal advice is available from Academycon: So arbeiten wir (in German).
Related reading
- Wohnen im Studium: Miete, WG, Wohnheim und Wohngeld im Überblick (in German)
- Wohnungssuche als Student: Welche Rechte und Pflichten du hast (in German)
- Mietkaution als Student: Höhe, Raten und Anlage (in German)
- Affordable student housing: strategy, portals and costs
- Student Tenancy Agreement: What You Should Check Before Signing
Sources: Verbraucherzentrale: Fake-Wohnungen im Internet, so erkennen Sie falsche Immobilienanzeigen, Abruf November 2026 (in German); TH Köln, Referat Internationale Angelegenheiten: Hinweise für die Wohnungssuche, Stand Juli 2026 (in German); § 263 StGB, Betrug, Abruf November 2026 (in German); § 551 BGB, Begrenzung und Anlage von Mietsicherheiten, Abruf November 2026 (in German); Wohnungsvermittlungsgesetz (WoVermRG), § 2, Abruf November 2026 (in German); § 675x BGB, refund claim for SEPA direct debits, retrieved 2 November 2026 (in German); Datenschutzkonferenz: Orientierungshilfe zur Einholung von Selbstauskünften bei Mietinteressenten, Version 1.0, 24.01.2024 (in German)
Last updated: November 2026. This guide is general information, not individual advice.
