Bundesjustizministerin Stefanie Hubig (SPD) has outlined a set of proposals aimed at protecting tenants from costly furnished rentals and short‑term lease agreements. An initial draft of a corresponding legislative amendment will be sent to the relevant tenant and landlord associations on Sunday, giving them time to review and comment.
Under the proposal, landlords operating in tight housing markets would be required to disclose how much of an additional rent they intend to charge for furnishings. This disclosure must be made proactively-before a prospective tenant signals that they are interested in the property. If a landlord fails to provide the information, tenants would only be obligated to pay the base rent that would be demanded without furnishings.
The surcharge for furnishings must be deemed “reasonable”. The draft suggests it should be calculated in relation to the purchase price of the furniture and its condition – the more worn the items, the lower the surcharge.
For fully furnished apartments, the Justice Ministry proposes a flat fee of five percent of the net basic rent. In addition, temporary lease contracts would only be exempt from the rent‑brake if they are limited to a maximum of six months. The draft also requires a specific reason from the tenant for a fixed‑term lease, such as professional or job-related circumstances.
Another element of the proposal concerns index‑linked rents that tie rent adjustments to the inflation rate. Under the plan, rent increases triggered by significant price‑level changes would be capped at a maximum of 3.5 percent.
A further measure would allow a single revocation of a regular termination notice in the event of a payment default, provided the outstanding rent is subsequently paid. These measures correspond to the promises made in the coalition agreement. The extension of the rent‑brake for an additional four years has already been enacted.