Tenancy law in the Ruhr region: overview

Tenancy law in Germany is regulated in the Civil Code (BGB) and is therefore uniform nationwide. Nevertheless, there are regional differences that are relevant for landlords and tenants in the Ruhr region. These differences mainly concern the rent brake, rent indices, the deposit and decorative repairs. In Mülheim an der Ruhr, Essen, Duisburg and Oberhausen, different regulations and practical customs partly apply that owners should be aware of.

The rent brake in the Ruhr region

What applies where?

The rent brake applies in areas with a tense housing market. In North Rhine-Westphalia, numerous cities and municipalities are covered, including:

  • Essen: Rent brake applies across the board.
  • Duisburg: Rent brake applies in certain districts.
  • Mülheim an der Ruhr: Rent brake has applied across the board since 2020.
  • Oberhausen: Rent brake has applied across the board since 2022.

What does this mean for landlords?

The rent brake stipulates that the new contract rent may be at most 10 % above the local comparative rent. Exceptions apply for:

  • First letting after new construction or renovation
  • Letting to family members
  • Tenancy agreements concluded before the introduction of the rent brake

The local comparative rent is determined by the rent index or by consulting a real estate agent.

Rent indices in the Ruhr region

Simple rent index vs. qualified rent index

A simple rent index is prepared by the municipality and provides an overview of local rents. It is not recognised within the meaning of tenancy law and is therefore not very robust in court.

A qualified rent index is prepared according to recognised scientific principles and updated every two years. It is recognised in court and provides landlords and tenants with a reliable basis.

In Mülheim an der Ruhr and Essen there are qualified rent indices; in Duisburg and Oberhausen partly only simple rent indices. Rents vary considerably depending on the district, apartment type and fittings.

Rent comparison (as of 2026)

The average new contract rents in the Ruhr region (excluding utilities, per square metre):

  • Essen: €9.50 to €14.00 (depending on district)
  • Mülheim an der Ruhr: €9.00 to €13.50
  • Duisburg: €7.50 to €11.00
  • Oberhausen: €7.00 to €10.50

These values are guidelines and may vary depending on location, condition and fittings. In sought-after districts such as Essen-Werden or Mülheim-Speldorf, rents are significantly higher.

Decorative repairs: what is permissible?

The clause on decorative repairs is one of the most common points of dispute between landlords and tenants. The Federal Court of Justice (BGH) ruling of 2018 tightened the requirements for such clauses.

Permissible clauses

  • End-of-tenancy renovation clause: The tenant must renovate the apartment when moving out, regardless of the condition at move-in. This clause is only permissible if it does not place an unreasonable burden on the tenant.
  • Maintenance schedule: A maintenance schedule (e.g. "kitchen and bathroom every 3 years, living rooms every 5 years") is permissible but not mandatory.

Impermissible clauses

  • Rigid maintenance schedule without condition check: If the clause stipulates that renovation must be carried out after a period expires, regardless of the condition of the apartment, it is invalid.
  • Colour choice clause: A clause that prescribes a specific colour (e.g. "white") for the tenant is invalid.
  • Passing on end-of-tenancy renovation when the apartment was handed over unrenovated: If the apartment was unrenovated at move-in, the obligation to renovate at the end of the tenancy cannot be contractually agreed.

Operating costs and utility cost statements

Apportionable costs

The apportionable operating costs are conclusively regulated in the Operating Costs Ordinance (BetrKV). In the Ruhr region, the following cost items are particularly relevant:

  • Heating costs: With central heating, costs are billed according to consumption.
  • Waste collection: Varies depending on the municipality.
  • Street cleaning: Higher in Mülheim and Essen than in rural areas.
  • Property tax: Varies depending on the municipality.

Deadlines

  • The utility cost statement must be provided to the tenant no later than 12 months after the end of the billing period.
  • The tenant has one year to raise objections.
  • Grace period for landlords: 12 months in case of formal errors.

Termination: what landlords need to consider

Ordinary termination

Ordinary termination is possible with a notice period of 3 to 9 months, depending on the tenant's length of residence. A reason for termination is not required, but the landlord must have a legitimate interest (e.g. personal use).

Personal use

Personal use is the most common reason for termination. The landlord must demonstrate that they need the apartment for themselves, close relatives or persons in need of care. The requirements for the justification are high – a blanket reasoning is not sufficient.

Conclusion

Tenancy law in the Ruhr region is regulated nationwide, but regional practice differs. Landlords should inform themselves about the applicable rent brake, the rent index and permissible clauses before concluding or terminating a tenancy agreement. The following points are particularly important:

  1. Check the rent brake: Is the new contract rent at most 10 % above the local comparative rent?
  2. Consult the rent index: Use a qualified rent index if available.
  3. Check clauses: Review decorative repair clauses and maintenance schedules for permissibility.
  4. Calculate utility costs correctly: Observe deadlines and only pass on apportionable costs.
  5. Justify termination carefully: Personal use must be demonstrated specifically and comprehensibly.