Mietmakler are licensed real estate agents in Germany who help connect tenants and landlords. This guide explains what they do, how they’re paid, and what to watch out for before hiring one.
Introduction
When someone looks for a place to rent in Germany, the word “Mietmakler” usually comes up fast. It means a rental broker — someone who connects landlords with tenants. The concept sounds simple, but the way it works in Germany differs from how it works elsewhere. There are laws governing who pays the fee, rules governing transparency, and expectations regarding qualifications.
This article breaks it down clearly — what Mietmaklers do, what they’re supposed to do, when it makes sense to use one, and how the system works under German rental law.
What Exactly Is a Mietmakler?
A Mietmakler is a licensed intermediary who helps with rental transactions. In plain terms, they act as the middleman between property owners and people looking to rent an apartment or house.
They handle tasks such as listing properties, verifying tenant applications, arranging viewings, collecting required documents (such as proof of income or Schufa reports), and preparing lease agreements. For landlords, this saves time and screens out unreliable tenants. For tenants, it often gives access to better or faster listings that aren’t widely advertised online.
But their job isn’t just about showing flats. A good Mietmakler also advises both sides — for example, on rent levels, maintenance duties, and how to handle deposits legally.
Legal Basis: The “Bestellerprinzip”
In 2015, Germany introduced the “Bestellerprinzip,” under which the person who orders the agent’s services must pay the commission.
Before that, many tenants were forced to pay broker fees even when the Landlord had hired the agent. That changed. Now, if a landlord instructs a Mietmakler to find a tenant, the Landlord pays the Mietmakler. If a tenant asks a Mietmakler explicitly to find them an apartment that isn’t already listed, then the tenant pays.
This law cleaned up many unfair situations. It’s part of the German Civil Code (Bürgerliches Gesetzbuch – BGB) under §§ 652–655. It made the rental market more transparent and fairer for tenants, especially in large cities like Berlin, Munich, and Hamburg.
What Does a Mietmakler Actually Do Day to Day?
The daily work of a Mietmakler looks like a combination of sales, research, and paperwork.
- They photograph and list apartments on property portals or online.
- They respond to dozens of inquiries, filter out unsuitable applicants, and schedule viewing appointments.
- They prepare exposés — documents with rent details, utility costs, floor plans, and energy ratings.
- They check rental references and documents to protect landlords from bad tenants.
- They handle the paperwork until the lease is signed.
Some also continue to manage the property after the deal is done, though that’s technically a different service (property management, or “Hausverwaltung”).
How Much Does a Mietmakler Cost?
The cost varies, but under German law, the maximum brokerage fee for rental properties is two net cold rents plus VAT.
For example, if the rent is €1,000 per month (excluding utilities), the maximum legal fee would be €2,000 + VAT, for a total of €2,380.
Landlords or tenants should always have the fee agreement in writing. It must clearly say who pays it and under what conditions. If the Mietmakler cannot prove who ordered the service, they can’t demand the fee.
Benefits of Using a Mietmakler
Not everyone needs one, but a Mietmakler can save time and frustration.
For landlords:
- They find reliable tenants faster.
- They handle background checks and documents.
- They reduce vacancy time and the risk of unpaid rent.
For tenants:
- They can find better housing options that aren’t publicly listed.
- They get guidance through the rental process, especially if they’re new to Germany.
- They avoid language or document misunderstandings.
However, if someone is comfortable searching on portals like Immobilienscout24 or Immonet and understands the process, hiring a Mietmakler may not be necessary.
Common Problems or Misunderstandings
One common issue is confusion about who pays. Some agents still try to pass fees to tenants even though the Bestellerprinzip forbids it unless the tenant truly hired them. Tenants should always ask for written proof that they were the “orderer” before paying anything.
Another issue is unlicensed or inactive brokers. In Germany, a Mietmakler must hold a trade license (Gewerbeerlaubnis) under § 34c of the Trade Regulation Act. Working without one is illegal.
There are also cases of agents listing properties they don’t have the right to, to attract clients. Always check their credentials and business registration before signing anything.
Comparison With Other Real Estate Professionals
| Role | Focus | Paid by | Typical Use Case |
|---|---|---|---|
| Mietmakler | Rental transactions | Landlord (or tenant if hired) | Renting flats/houses |
| Immobilienmakler | General property deals (buy/sell/rent) | Buyer/seller | Buying or selling property |
| Hausverwalter | Property management | Landlord or owners’ association | Managing rent, repairs, tenants |
| Notar | Legal contract validation | Both parties | Registering sales/contracts |
The Mietmakler works primarily before a lease is signed. The Hausverwalter takes over after that. Many companies offer both services, but legally they’re separate.
Mietmakler vs. Online Platforms
Digital platforms like Immoscout, Wunderflats, and HousingAnywhere have changed how rentals work. Some people think this means Mietmaklers are outdated. That’s not true — at least not yet.
Online tools help with exposure, but they don’t replace screening, negotiation, or legal handling. A platform might show listings, but it won’t visit the property, verify a tenant’s income stability, or ensure a rental contract complies with German tenancy law.
Mietmaklers still play a significant role, especially for furnished rentals, expat clients, or high-value apartments where personal contact matters.
What To Check Before Hiring a Mietmakler
- License: Ask for proof under §34c GewO.
- Commission agreement: It must say who pays and how much.
- Local experience: The best agents know the area’s rent levels.
- Transparency: Ask for property documentation upfront.
- Reviews or references: Look at how past clients rate them.
If anything feels unclear, walk away. A trustworthy Mietmakler doesn’t pressure clients.
How to Avoid Scams
Fake agents exist, especially online. Warning signs include:
- Asking for deposits before any viewing.
- Refusing to meet in person.
- Using free email addresses instead of business ones.
- Offering deals that sound “too good.”
Always verify the property address, ownership, and the agent’s license before sending money or personal documents.
Why Mietmaklers Still Matter
Even with apps and automation, Germany’s rental system remains complex. Laws, deposits, tax rules, and tenant protections make the process hard for outsiders. A Mietmakler helps bridge that gap — when they’re competent and honest.
They aren’t just middlemen. In many cities, they help keep rental markets organized by filtering legitimate listings and keeping transactions documented and lawful.
FAQs
1. Who pays a Mietmakler in Germany?
The person who orders the service — usually the Landlord.
2. What’s the maximum fee a Mietmakler can charge?
Two net monthly rents plus VAT.
3. Can I avoid using a Mietmakler?
Yes. Many people rent directly through online portals or private ads.
4. How do I know if a Mietmakler is licensed?
Ask to see their §34c Gewerbeerlaubnis — it’s required by law.
5. What happens if I pay a Mietmakler illegally?
You can demand a refund if they charged you without legal grounds.
Conclusion
A Mietmakler can be helpful, but they’re not always necessary. The key is understanding what they do, what they’re legally allowed to charge, and when their services make sense.
If you’re renting in Germany, remember this: don’t pay fees unless you actually hired the broker, check their license, and make sure everything is in writing.
For landlords, a Mietmakler can save time and trouble — but choose one who knows your local market and follows the Bestellerprinzip correctly.
Used right, they make renting easier for everyone. Misused, they add cost and confusion. The difference comes down to picking a professional who respects both sides of the deal.