A Mietmakler is a rental broker in Germany. They help landlords find tenants and, in some cases, help tenants find a flat. Brokers write the listing, run the viewings, collect applications and help bring the lease to signing.
The big question for most renters is simple: do I have to pay for this? In most cases, no. Since 1 June 2015 the Bestellerprinzip (“whoever orders, pays”) has applied to residential rentals, so the person who hires the broker pays the commission. That is usually the landlord.
Quick answer
- Landlord hired the broker → landlord pays, and the cost cannot be passed on to you.
- A tenant can only owe a fee in rare cases, and then at most 2 months’ net cold rent + VAT.
- You never need a broker to rent in Germany.
In this guide
What Is a Mietmakler?
“Miet” means rent and “Makler” means broker or agent. A Mietmakler (also called a Wohnungsmakler or Immobilienmakler when they handle rentals) is a professional who brokers rental contracts for residential property.
Do not confuse a rental broker with a Hausverwaltung (property manager), who looks after a building for the owner, or with a Kaufmakler, who sells property. Different rules, including different commission rules, apply to sales.
How a Mietmakler Works
For landlords
A landlord instructs the broker to find a tenant. The broker typically:
- checks local rents and advises on an asking rent that respects any rent limits (such as the Mietpreisbremse in regulated areas),
- takes photos, writes the listing and publishes it on portals,
- arranges viewings and collects applications,
- requests documents such as proof of income, and, where lawful, a SCHUFA credit report,
- presents suitable candidates and helps prepare the lease. The landlord decides who gets the flat.
For tenants
A tenant can also hire a broker with a Suchauftrag (search order). The tenant gives a budget, area, size and move-in date, and the broker looks for matching flats. This is the situation in which a tenant may legally owe a commission. More on that below.
Who Pays the Mietmakler? The Bestellerprinzip
The Bestellerprinzip was introduced for residential rentals on 1 June 2015 through changes to the Wohnungsvermittlungsgesetz (WoVermRG, the German housing brokerage act). The principle is straightforward: the party that commissions the broker pays the broker.
In practice, landlords commission brokers to fill their flats, so landlords pay. A landlord may not push this cost onto the new tenant through a side agreement, and such agreements are void.
Example: A landlord in Frankfurt hires a broker to advertise a flat. You see the ad, attend the viewing and sign the lease. You owe the broker nothing, because you never hired them.
Mietmakler Fees and the Legal Cap
Commissions are quoted as a multiple of the monthly rent, calculated on the Nettokaltmiete (net cold rent, i.e. rent without heating and service charges), plus VAT.
| Who pays | Typical amount | Legal limit |
|---|---|---|
| Landlord (hired the broker) | Often around 2 months’ net cold rent + VAT, but negotiated freely | No statutory cap |
| Tenant (hired the broker with a valid search order) | Up to 2 months’ net cold rent + VAT | Maximum 2 months’ net cold rent + VAT |
Worked example
For a flat with a net cold rent of €1,000 per month and 19% VAT:
| Net cold rent per month | €1,000 |
|---|---|
| Two months’ net cold rent | €2,000 |
| VAT (19%) | €380 |
| Maximum commission a tenant can owe | €2,380 |
That is the ceiling, and in most rentals the tenant owes nothing at all.
When Can a Tenant Legally Be Charged?
A broker may only demand a commission from a tenant if all of the following are true:
- The tenant hired the broker. There must be a genuine brokerage contract with the tenant.
- The contract is in text form. An email or other written message is enough. A spoken agreement is not.
- The broker acted only because of the tenant’s order. The flat must be one the broker obtained because of your search order. It cannot be a flat the landlord had already commissioned or that the broker already had on their books.
- The broker is independent. No fee is due if the broker is also the owner, manager, landlord or is economically tied to the landlord.
If you simply respond to a public listing, the landlord is almost always the client, and you owe nothing.
Illegal Fees and Tricks to Watch For
- Commission for a flat the broker already had listed. You cannot be charged for this just because you contacted them.
- “Search order” signed on the spot. Brokers sometimes ask applicants to sign a search order after they have found a flat they are already offering. This does not make the fee valid.
- Viewing, registration or processing fees. Brokers may not charge you for these, nor take payment before they have actually brokered a flat.
- Inflated “handover” payments. Demanding an overpriced payment for a kitchen or furniture as a condition of getting the lease can be a disguised commission.
- Fees above the cap. Even a valid tenant fee cannot exceed two months’ net cold rent plus VAT.
What if you already paid?
If you paid a fee the law did not allow, you can ask for it back. Keep the payment receipt, the listing, and all emails. A local tenant association (Mieterverein) or a lawyer can help you write the demand. Brokers who unlawfully charge tenants risk fines of up to €25,000.
How to Choose a Trustworthy Mietmakler
- Check their credentials. Professional brokers generally need a licence under Section 34c of the German Trade Regulation Act (GewO). Ask for the company name, address and licence details.
- Read the contract before signing. Look for the fee, what it covers and when it becomes due.
- Get everything in writing, especially the fee terms.
- Be careful with unusually cheap listings and requests for money or documents before any viewing. Rental scams are common in tight markets.
- Share only the documents you need at each stage of an application.
Renting Without a Mietmakler
You do not need a broker. Many flats are offered directly by landlords, housing companies and property managers on rental portals. Applying directly means no broker commission and direct contact with the landlord about rent, deposit and move-in date.
The trade-off is time. In busy cities you may need to send many applications. Having your documents ready helps: ID, proof of income, a SCHUFA report and a short self-introduction.
Frequently Asked Questions About the Mietmakler
What is a Mietmakler?
A Mietmakler is a rental broker in Germany. They advertise apartments for landlords, arrange viewings, collect and screen applications, and help bring landlord and tenant together to sign a lease. Some also run search services for tenants.
Who pays the Mietmakler in Germany?
Under the Bestellerprinzip, the person who hires the broker pays. Because landlords usually hire brokers to find tenants, landlords normally pay the commission. This has applied to residential rentals since 1 June 2015.
How much commission can a Mietmakler charge a tenant?
If a tenant legally owes a fee, it cannot exceed two months of net cold rent plus VAT. With 19% VAT, the maximum on a €1,000 cold rent is €2,380. Landlords have no statutory cap and negotiate their fee freely with the broker.
When does a tenant have to pay a broker fee?
Only in narrow cases: the tenant must have hired the broker in text form (for example by email) with a genuine search order, and the broker must then find a flat that was not already on their books or offered by the landlord. A fee for a listing the broker already had is not allowed.
Can I get my broker fee back if I paid illegally?
Yes. If you paid a commission that the law did not allow, you can demand a refund. Act promptly, keep the payment proof and the correspondence, and consider asking a tenant association or a lawyer for help. Brokers who demand illegal fees can also face fines of up to €25,000.
Do I need a Mietmakler to rent an apartment in Germany?
No. Many landlords and property managers list flats directly on rental portals, and you can apply to them without any broker. A broker is optional, not a legal requirement.
Can a broker charge viewing or processing fees?
No. Brokers may not charge tenants fees for viewings, registration, applications or processing, and they may not demand payment in advance before they have actually brokered a flat.
How do I check that a Mietmakler is legitimate?
Ask for their company details and trade licence, which professional brokers generally need under Section 34c of the German Trade Regulation Act (GewO). Never pay before a viewing, be wary of listings that look too cheap, and get all fee terms in writing.
Conclusion
A Mietmakler can save time on listings, viewings and paperwork, but in German residential rentals the broker’s client is usually the landlord, and the landlord pays. As a tenant, you should only ever owe a commission if you hired the broker in text form and they found you a flat that was not already on offer. Even then, the fee is capped at two months’ net cold rent plus VAT. If someone asks for more, or asks for money before a viewing, walk away or get advice.
Note: This article is general information, not legal advice. Rules can change and individual cases differ. For a specific dispute, consult a tenant association (Mieterverein) or a qualified lawyer. Sources include the Wohnungsvermittlungsgesetz (WoVermRG) and guidance from German tenant and landlord associations.
