By collaboratewithlinkward@gmail.com 
Finding the right tenant or the perfect apartment can often be time-consuming and stressful. This is where a Mietmakler comes into play. But what exactly does a rental agent do, who pays their commission, and what legal aspects should you consider? In this article, you will learn everything important about the services of a Mietmakler, helping both landlords and tenants make informed decisions.
What Is a Mietmakler and What Do They Do?
A Mietmakler, often referred to as a rental agent or housing broker, is a professional who mediates between landlords and tenants. They work to market a property or help apartment seekers find the right home. Their activities are legally regulated in Germany primarily by the Wohnungsvermittlungsgesetz (WoVermRG), or Housing Agency Act.
The responsibilities of a Mietmakler extend far beyond simply showing an apartment. For the landlord, they typically handle the following tasks:
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Creating a Compelling Exposé: This includes professional photography and an appealing description of the property to enhance marketing opportunities.
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Price Assessment and Market Analysis: An experienced Mietmakler understands the local market and helps set a realistic rent to avoid long vacancy periods.
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Viewing Management: They coordinate appointments, welcome interested parties, and answer their questions, saving the landlord considerable time and effort.
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Credit Checks and Pre-selection: A reputable Mietmakler verifies the financial background of applicants to ensure that only solvent and reliable candidates are presented.
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Preparing the Rental Agreement: They ensure that all necessary documents are in order before the contract is signed.
The Costs of Hiring a Mietmakler: Who Pays?
One of the most common questions regarding a Mietmakler is about the cost and who bears it.
The “Who Orders, Pays” Principle (Bestellerprinzip)
Since June 2015, the so-called “Bestellerprinzip” has been in effect for residential leases. This principle states that the party who hires the Mietmakler is generally the one who must pay their commission.
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For Tenants: If a landlord hires a Mietmakler to find a tenant, the landlord pays the commission. Tenants only have to pay a broker fee if they explicitly commissioned the Mietmakler themselves to find them an apartment. This means tenants can view apartments advertised by a Makler without automatically owing a fee.
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For Landlords: If you, as a property owner, want to avoid the hassle of marketing your property and screening applicants, and you hire a Mietmakler for this purpose, you are responsible for the commission. The amount is negotiable but typically ranges between two and three months’ rent (cold rent), plus VAT. The fee is usually only due once a rental agreement is successfully signed.
The Benefits of Using a Mietmakler
Why should you consider working with a Mietmakler? Whether you are a landlord or a tenant, a professional can offer significant advantages.
For Landlords: Time Savings and Security
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Efficient Marketing: A Mietmakler has the expertise and networks to market your property quickly and effectively. They know where to list the property and how to present it attractively.
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Tenant Screening: This is perhaps the most valuable service. By conducting thorough background and credit checks, a Makler significantly reduces the risk of renting to a tenant who might default on payments. This provides a high level of security for the landlord.
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Legal Compliance: Rental laws in Germany can be complex. A knowledgeable Mietmakler helps ensure that the entire process, from marketing to the signing of the lease, complies with current regulations, reducing the risk of legal disputes later on.
For Tenants: Access and Guidance
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Market Access: Some landlords exclusively use Mietmakler to find tenants. By registering with a broker, you gain access to properties that may not be listed on public portals.
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Professional Guidance: A good Mietmakler listens to your requirements and only shows you apartments that fit your criteria, saving you from wasting time on unsuitable viewings.
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Assistance with Applications: Navigating the German rental market often requires a comprehensive application file (Schufa, proof of income, etc.). A Makler can guide you on what is needed and help present your application in the best possible light.
Legal Rights and Obligations When Dealing with a Mietmakler
Understanding your legal position is crucial when engaging with a Mietmakler. The relationship is governed by a broker contract (Maklervertrag).
The Broker Contract
It is essential to know that a commission is only owed if a rental agreement is actually concluded as a result of the Mietmakler’s efforts. If you find an apartment through other means, you are not obligated to pay a fee to a broker you previously contacted, as long as you did not sign an exclusivity agreement.
Beware of Scams
Unfortunately, the real estate market attracts fraudulent actors. Be cautious of Mietmakler who demand payment before providing any service, such as for lists of available apartments. Reputable brokers only charge a fee upon the successful signing of a lease. Always verify the broker’s credentials and look for memberships in professional associations like the IVD (Immobilienverband Deutschland).
Is a Mietmakler Worth It?
The value of a Mietmakler ultimately depends on your individual situation.
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For a landlord living far from their property or lacking the time to manage viewings and vet applicants, the cost of a Makler is often a worthwhile investment that provides peace of mind and security.
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For a tenant in a highly competitive market like Berlin, Munich, or Hamburg, having a Mietmakler can be a strategic advantage, helping you secure a lease more quickly. However, since the “Bestellerprinzip” usually means the landlord pays, tenants should focus on properties where the landlord has commissioned the broker.
Conclusion: Navigating the Rental Market with a Mietmakler
A Mietmakler acts as a vital intermediary in the German real estate landscape, simplifying a complex process for both landlords and tenants. For property owners, they offer a service that saves time, ensures professional marketing, and minimizes risk through thorough tenant screening. For apartment seekers, they can provide access to exclusive listings and expert guidance.
The key to a successful partnership lies in understanding the costs, which are now clearly defined by the “Bestellerprinzip,” and in choosing a reputable professional. By being informed about the role, rights, and responsibilities of a Mietmakler, you can navigate the rental market with greater confidence and efficiency.