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Can My Landlord Do That? Common Questions from Students

Updated on 05.11.2026
Reading time: 7 min

ID copy, deposit, rent increase, termination for personal use, subletting: what landlords in Germany may and may not do, with the legal basis for students.

“Is the landlord allowed to do that?” is the question students ask most often about ID copies, deposits, rent increases, termination for personal use and subletting. The answers depend on the statute and on your contract. This FAQ collects the most common individual cases, names the legal basis for each and points to in-depth guides.

In short: Landlords may not demand everything: according to the German Data Protection Conference an ID copy is not permitted, under section 551 BGB the deposit is capped at three months’ rent excluding flat-rate running costs, and under section 573 BGB a termination for personal use needs reasons stated in the notice. Section 549(3) BGB disapplies some tenant protections for student halls. Last updated: November 2026.

The key points

During an application the landlord may collect only the data needed at the current stage.
Deposit: at most three months’ rent excluding flat-rate running costs, payable in three instalments.
Rent increases to the local comparative rent need your consent and are limited by waiting periods and a cap.
A utility bill must arrive by the twelfth month after the end of the billing period at the latest.
Subletting generally needs the landlord’s permission, and you are entitled to it if you have a justified interest.

Overview: the most common cases at a glance

May the landlord …	Short answer	Basis
demand a copy of your ID?	No	DSK guidance
demand more than three months’ rent as deposit?	No, measured on the rent excluding flat-rate running costs	Section 551(1) BGB
demand the deposit in one go?	You may pay in three equal monthly instalments	Section 551(2) BGB
terminate without a reason?	No, he needs a justified interest	Section 573(1) BGB
raise the rent at any time?	No, waiting period and cap apply	Section 558 BGB
claim utility costs years later?	Generally no, the billing deadline is twelve months	Section 556(3) BGB
ban subletting outright?	Not if you have a justified interest	Section 553(1) BGB

Source: the provision named in each row, retrieved November 2026 (in German).

What may the landlord ask for when you apply?

May he demand a copy of my ID?

No. The guidance of the Data Protection Conference calls making an ID copy unnecessary and therefore not permitted. For identity checks it is enough to show the ID at the viewing.

May he demand a Schufa report or a certificate of no rent arrears?

According to the guidance, a landlord may query a credit report only if there is a legal basis, and that falls away where sufficient proof exists. You may present a report you obtained yourself. He may not demand a certificate of no rent arrears, because former landlords do not have to issue one. More on applications in Wohnungssuche als Student: Welche Rechte und Pflichten du hast (in German).

May an agent charge me a commission?

Generally no. Section 2(1a) WoVermRG forbids agents to demand, accept a promise of or receive payment from the person seeking a flat. Exceptions are narrow. You can reclaim amounts paid.

What applies to the deposit and the rent?

May he demand the deposit in one go?

You may pay the deposit in three equal monthly instalments. The first is due at the start of the tenancy. The cap is three times the monthly rent excluding running costs paid as a flat rate or as an advance payment. How to invest the deposit and get it back is covered in Mietkaution als Student: Höhe, Raten und Anlage (in German).

May he raise the rent during the tenancy?

Under section 558 BGB the landlord can ask for your consent to an increase up to the local comparative rent if the rent has been unchanged for 15 months. Within three years it may rise by no more than 20 percent, or 15 percent in areas where the housing supply is particularly at risk. You have to consent, the increase does not take effect unilaterally. What applies to a shared-flat room is covered in Mieterhöhung im WG-Zimmer (in German).

May he claim utility costs years later?

Under section 556(3) BGB the bill must arrive by the twelfth month after the end of the billing period at the latest. After the deadline a claim for additional payment is excluded unless the landlord is not responsible for the delay. You can raise objections up to the end of the twelfth month after you receive the bill. A guide is Nebenkostenabrechnung prüfen (in German).

What may the landlord do in everyday living?

May he forbid me to sublet?

Passing the flat to third parties needs the landlord’s permission under section 540(1) BGB. Under section 553(1) BGB you are entitled to permission for part of the living space if a justified interest arises, such as a semester abroad, and only an important reason justifies refusal. On 28 January 2026 the Federal Court of Justice (VIII ZR 228/23) ruled that there is no justified interest where the aim is to make a profit from subletting. More in Untervermietung und Gewinn: Was der BGH entschieden hat (in German).

May I reduce the rent if something is broken?

Under section 536(1) BGB you are released from rent if the suitability of the flat is cancelled, and you pay an appropriately reduced rent if it is reduced. How much you may deduct depends on the case. Do not deduct on your own, get advice first. See Mietminderung in der WG (in German).

What applies to termination and fixed terms?

May the landlord terminate for personal use?

He needs a justified interest under section 573(1) BGB. Personal use exists if he needs the premises for himself, his family members or members of his household (section 573(2) no. 2 BGB). The reasons have to be in the notice, later reasons are considered only if they arose afterwards (section 573(3) BGB). Agreements to your disadvantage are void. See Eigenbedarfskündigung im Studium (in German).

May he limit the contract to a fixed term?

Only for one of the reasons in section 575(1) nos. 1 to 3 BGB, which he must tell you when the contract is concluded. Without that notice the contract is open-ended. You can ask at the earliest four months before expiry whether the reason persists, and the landlord must reply within a month. See Befristeter Mietvertrag für Studierende (in German).

How long is my notice period?

Under section 573c(1) BGB you can give notice by the third working day of a calendar month, effective at the end of the month after next. For space let only temporarily, a shorter period may be agreed. See Kündigungsfrist im WG-Zimmer (in German).

What is different in a student hall?

For rooms in student and youth halls, section 549(3) BGB disapplies certain tenant protections, including those on rent at the start of a tenancy, rent increases and protection against termination. The hall’s rental terms mainly decide there. How costs are made up is explained in Kosten im Studierendenwohnheim (in German).

Frequently asked questions

Do I have to comply with an impermissible demand?

No. You do not have to answer impermissible questions, and impermissible contract clauses are void. Object in writing and get advice before you pay or sign if in doubt.

Who can advise me on tenancy questions?

Tenants’ associations, student councils and many student services offer advice. Offers and conditions differ by university town, so please check locally.

Do these rules apply in every state?

The provisions named are in the Civil Code and apply nationwide. The states designate the areas for the rent brake and the lowered cap by ordinance.

Does all this also apply to a sublet in a shared flat?

Many rules apply there too, but not all. Which provisions apply to a sublet depends on the contract and the case. An overview is in Hauptmieter oder Untermieter im WG-Zimmer (in German).

What to do next

Find your question in the overview and read the provision named.
Check whether your contract contains a deviating rule and whether it is valid.
Reply to the landlord in writing and objectively, citing the provision.
Get advice in a dispute, for example from a tenants’ association or student service.
For questions on insurance and finances during your studies, personal advice is available from Academycon: So arbeiten wir (in German).