Maklerprovision as a Tenant: Who Pays? (2026)

What does the Bestellerprinzip mean for the Maklerprovision?

The Maklerprovision (broker commission, also called Maklercourtage) is the fee a housing broker earns for successfully arranging a tenancy. The Bestellerprinzip (ordering-party principle) decides who pays it: whoever orders the broker also pays the broker. This applies to the letting of residential property since 1 June 2015 (§ 2 Abs. 1a WoVermRG).

The decisive consequence for you as a tenant: in almost all cases you pay no Maklerprovision at all. The landlord nearly always engages the broker, so the landlord must also pay. A broker may charge you a commission only in one narrow exception.

When does a tenant have to pay the Maklerprovision – and when not? (§ 2 Abs. 1a WoVermRG)

As a tenant you pay the commission only if both conditions are met:

1. You yourself gave the broker a verifiable instruction to search (a Suchauftrag, search instruction), and
2. the broker obtained the flat solely because of your instruction – it was not already on the broker's books.

If instead the broker received the flat from the landlord to let, or already had it in stock, you pay nothing – not even if you contacted the broker or arranged a viewing. That is the typical case: you reply to a listing, view the flat, rent it, and owe no commission.

Achtung: Do not let yourself be pressured into signing a "Suchauftrag" or "Vermittlungsvertrag" (brokerage agreement) just to be allowed to view a flat. An agreement that shifts the commission onto you as the tenant is void (§ 2 Abs. 5 WoVermRG) – but signing one puts you in a weak evidential position and invites needless dispute. Sign only if you deliberately want to engage the broker for a search.

How high may the Maklerprovision be when renting? (§ 3 Abs. 2 WoVermRG)

If, exceptionally, you do owe the commission, it is capped: at most two months' rent (Nettokaltmiete, the net cold rent without operating costs) plus statutory VAT (§ 3 Abs. 2 WoVermRG). At 19 % VAT that is a maximum of 2.38 Nettokaltmieten.

The relevant figure is the Nettokaltmiete – the bare rent without Nebenkosten (operating costs) and heating. On top of that the broker may charge no further fees, neither registration nor writing nor viewing fees (§ 3 Abs. 3 WoVermRG).

Question	Answer
Who pays in the normal case?	the landlord (Bestellerprinzip, § 2 Abs. 1a WoVermRG)
Does the tenant pay?	only with their own verifiable Suchauftrag
Maximum amount (if tenant pays)	2 Nettokaltmieten + VAT = max. 2.38 Nettokaltmieten (§ 3 Abs. 2)
Additional fees	not permitted (§ 3 Abs. 3 WoVermRG)
Shifting via a contract clause	void (§ 2 Abs. 5 WoVermRG)
Broker's breach	fine up to 25,000 € (§ 8 WoVermRG)

What if you have already paid commission? Step by step

1. Check whether the Bestellerprinzip applies. Was the flat advertised, or did the broker already hold it? Then you should not have been charged.
2. Gather your evidence. Keep the listing, emails, the commission invoice, proof of payment and the Mietvertrag – that is your proof.
3. Reclaim in writing. Demand the paid commission back in writing (unjust enrichment, ungerechtfertigte Bereicherung, § 812 BGB) and set a reasonable deadline (e.g. 14 days).
4. Report the breach. If the broker does not pay, you can report the breach to the responsible Ordnungsamt – the broker faces a fine of up to 25,000 € (§ 8 WoVermRG).
5. Watch the deadline. The repayment claim lapses three years after the end of the year in which it arose (§ 195, § 199 BGB).

Renting or buying: who pays the Maklerprovision?

The Bestellerprinzip under the WoVermRG applies only to letting residential property. When a consumer buys a flat or single-family house, the Halbteilungsgrundsatz (equal-split principle) has applied since 23 December 2020: buyer and seller share the commission, as a rule equally (§§ 656c, 656d BGB), and the Maklervertrag (broker contract) requires Textform (text form, e.g. email, § 656a BGB).

	Renting	Buying (consumer)
Principle	Bestellerprinzip – whoever orders, pays	Halbteilungsgrundsatz – buyer and seller share
Provision	§ 2 Abs. 1a WoVermRG	§§ 656c, 656d BGB
Tenant/buyer pays	usually nothing	as a rule half
Form of contract	–	Textform (§ 656a BGB)

The Bundesgerichtshof (Federal Court of Justice) recently reinforced the Halbteilungsgrundsatz: it applies even where a third party concludes the broker contract, and even to a single-family house with a small commercial portion (BGH, 06.03.2025, I ZR 32/24).

Common mistakes by tenants

• Paying commission although the flat was advertised. If the broker had it on offer, you owe nothing.
• Signing a "Suchauftrag" just to be allowed a viewing – and ending up needlessly in a weak evidential position.
• Treating a shifting clause as valid. It is void (§ 2 Abs. 5 WoVermRG), even with your signature.
• Paying extra "processing" or "viewing" fees. Such fees are not permitted (§ 3 Abs. 3 WoVermRG).
• Letting the three-year deadline lapse. Wrongly paid commission can be reclaimed, but not indefinitely (§ 195 BGB).

HausMaus makes this easier

HausMaus is free for tenants. Upload your Mietvertrag and the lease analysis explains it in plain language – including any commission or shifting clause that may be void under § 2 Abs. 5 WoVermRG. Keep the listing, the commission invoice and your proof of payment in your digital Mietakte (rental file), so you can document and reclaim a commission paid in error. That way you can see in black and white that, as a tenant, you generally owe no Maklerprovision.

See pricing – 1 % of collected rent, free for tenants →

Wohnen, geregelt. (Home, handled.)