Mietfreiheit

Mietfreiheit refers to a situation in which a tenant is not required to pay rent for a defined period or for a portion of the tenancy. It is not a general entitlement; rather, it arises through contractual agreement between landlord and tenant or through specific housing programs, and its exact scope is determined by the terms of the lease or applicable regulations.

In practice, Mietfreiheit is most commonly used as a promotional arrangement in advertising or promotions for rental properties. A landlord may offer the first month or several months of rent-free occupancy to attract tenants, with the understanding that other terms of the lease remain unchanged. Such arrangements should be clearly stated in writing to avoid later disputes.

Mietfreiheit can also occur as a remedy related to housing conditions, though it is more typical that rent reduction (Mietminderung) or compensation for defects applies. If a dwelling is unusable due to defects attributable to the landlord, tenants may negotiate rent relief for the period of non-use; the standard remedy in many jurisdictions is a proportionate rent reduction rather than an automatic rent-free period, and this depends on local law and the lease terms.

Legal frameworks differ by country and jurisdiction. In German tenancy law, for example, there is no automatic right to rent-free use; any such benefit must be contractually agreed. Parties should document any Mietfreiheit in writing, specify its duration, scope, and any conditions, and consider potential implications for related obligations such as deposit, maintenance, and renewal terms.

See also: Mietvertrag, Mietminderung, Betriebskosten, Kaution.