Mietrecht

Mietrecht is the body of law that governs leases of real property in German-speaking countries. It covers both residential and commercial leases and regulates the creation, duration, rent and operating costs, security deposits, maintenance and repairs, alterations, subletting, and termination. By design, it aims to balance the interests of landlords and tenants and to provide predictable rules for housing and business premises.

In Germany, Mietrecht is primarily codified in the Civil Code (BGB), especially sections 535 to 580a. It regulates rent setting and increases, deposits (typically up to three months' rent), operating costs, maintenance obligations, and the right to quiet enjoyment. Termination rules include statutory notice periods and protection against abusive eviction, with disputes commonly resolved in tenancy courts or through mediation. Rent increases may be capped in certain areas by the Mietpreisbremse.

In Austria, tenancy law is shaped by the Allgemeines Bürgerliches Gesetzbuch and the Mietrechtsgesetz (MRG). The MRG provides strong protections for many protected leases and governs rent levels, increases, and termination. Security deposits are typically up to three months’ rent, and notice periods and remedies are designed to prevent arbitrary terminations and to secure reasonable housing conditions.

In Switzerland, tenancy law falls under the Swiss Code of Obligations and related cantonal regulations. Leases can be fixed-term or open-ended; rent adjustments require justification and proper notice procedures; termination follows statutory periods, and tenants enjoy protections against unjust eviction while landlords retain remedies through cantonal courts.

Overall, Mietrecht seeks a balanced framework for use, damages, and remedy, and is subject to ongoing reforms addressing affordability, tenant protection, and transparency in rent-setting.