Becoming a private landlord in Germany as a foreigner (2026)
Updated 6/15/2026 · HausMaus Redaktion
There is no nationality restriction on owning or letting out property in Germany — EU and non-EU citizens, resident or not, can be private landlords. But German rental income is always taxed in Germany: as a non-resident you have beschränkte Steuerpflicht (limited tax liability, § 49 EStG), file the Anlage V, and pay the progressive 14–45 % Einkommensteuer. Your landlord duties — the Energieausweis (§ 80 GEG), the 12-month Nebenkostenabrechnung (§ 556 BGB) and holding the Kaution separately (§ 551 BGB) — are exactly the same as for a German landlord.
Can a foreigner be a landlord in Germany? Yes — the law first
The load-bearing fact: Germany places no nationality or residency restriction on owning real estate or renting it out. EU citizens, non-EU expats, residents and non-residents alike can buy a flat and let it as a private landlord on the same terms as a German. There is no special permit and no citizenship requirement.
What comes with that right is a set of obligations that are identical to a German landlord's — German rental law and German tax law apply to the property, not to your passport. The two areas where expats most often slip are tax (because you may also be taxed where you live) and the formal duties every German landlord must meet. Both are manageable once you know them.
German tax always applies: beschränkte Steuerpflicht (§ 49 EStG)
Rental income from a German property is always taxable in Germany, wherever you live. If you are not resident in Germany, you have beschränkte Steuerpflicht (limited tax liability) under § 49 Abs. 1 Nr. 6 EStG: Germany taxes your German-source income, here the Einkünfte aus Vermietung und Verpachtung (income from renting, § 21 EStG).
You declare it on the Anlage V (rental income schedule) of a German tax return, and you are taxed on the surplus — rent minus Werbungskosten (income-related expenses, § 9 EStG) such as the AfA (building depreciation, § 7 EStG), loan interest and repairs — at the progressive Einkommensteuer rate (roughly 14 % to 45 %). Filing the form correctly is covered in our guides on taxing rental income and filling in the Anlage V.
| Resident landlord | Non-resident landlord | |
|---|---|---|
| Tax liability | unbeschränkt (worldwide income) | beschränkt — German rental income only (§ 49 EStG) |
| Form | Anlage V | Anlage V |
| Grundfreibetrag (basic allowance) | yes | no, unless § 1 Abs. 3 EStG is elected |
| Double taxation | — | German property taxed in Germany (situs principle); your home country gives relief under the treaty |
Most Doppelbesteuerungsabkommen (double-taxation treaties) follow the situs principle: the country where the property sits — Germany — has the taxing right, and your country of residence exempts or credits that income. So you generally pay German tax once, not twice, but you must still report it correctly on both sides.
VAT: residential rent is exempt (§ 4 Nr. 12 UStG)
The letting of residential property is exempt from Umsatzsteuer (VAT) under § 4 Nr. 12 UStG. You do not add VAT to the rent — and, as the flip side, you cannot reclaim the Vorsteuer (input VAT) on your costs such as renovations. This holds whether you live in Germany or abroad, so a private residential landlord does not deal with VAT at all.
Your duties are the same as a German landlord's
A foreign landlord must meet every duty a German landlord meets:
| Duty | What it requires | Legal basis |
|---|---|---|
| Energieausweis | provide an energy certificate to prospective tenants before letting | § 80 GEG |
| Kaution | hold the deposit (max 3 cold rents) separately and interest-bearing | § 551 BGB |
| Nebenkostenabrechnung | issue the operating-cost statement within 12 months of the period's end | § 556 Abs. 3 BGB |
| Wohnungsgeberbestätigung | confirm the tenant's move-in for their Anmeldung | § 19 BMG |
| Mieterhöhung / Mietpreisbremse | respect the Kappungsgrenze and reference-rent limits | § 558, § 556d BGB |
Important: The Energieausweis is not optional. You must present a valid one to prospective tenants before letting; failing to do so is an Ordnungswidrigkeit that can be fined up to 15,000 euros (§ 108 GEG). See our guide on the Energieausweis-Pflicht.
Renting from abroad: bank account and Hausverwaltung
You do not have to live in Germany to be a landlord, but two things make it work smoothly:
- a German bank account, so rent comes in and Grundsteuer, insurance and tax payments go out without currency friction;
- a Hausverwaltung (property manager) for day-to-day matters — tenant contact, repairs, the Nebenkostenabrechnung — and a Steuerberater for the Anlage V.
You remain personally liable for your landlord duties even when a manager acts for you, so keep oversight of deadlines and the money. The Finanzamt responsible is the one where the property is located, not where you live.
Common mistakes
- Assuming "I live abroad, so I don't owe German tax." German rental income is taxed in Germany regardless of residence (§ 49 EStG).
- Expecting the Grundfreibetrag automatically. Non-residents are taxed from the first euro unless they elect § 1 Abs. 3 EStG.
- Letting without an Energieausweis. It must exist before you advertise; the fine reaches 15,000 euros.
- Mixing the Kaution with your own funds. It must be held separately and interest-bearing (§ 551 BGB).
- Missing the 12-month Nebenkostenabrechnung deadline. After it, you can no longer claim a Nachzahlung (§ 556 Abs. 3 BGB).
With HausMaus it's simpler
HausMaus runs the German-law part of being a landlord, which is exactly what is hard to do from abroad or in a second language. Rent is collected automatically into a dedicated virtual IBAN per flat, so you see the moment a payment posts; the Nebenkostenabrechnung is built from the WEG-Jahresabrechnung, split by Umlageschlüssel and produced as a § 556-compliant statement within the deadline; the Kaution and its § 551 return are tracked; and at year-end HausMaus generates an Anlage-V-ready tax export you can send straight to your Steuerberater. The §§ stay with HausMaus, whether you manage one flat or a portfolio.
Frequently asked questions
Can a foreigner own and rent out property in Germany?
Yes. Germany places no nationality or residency restriction on owning real estate or letting it out — EU and non-EU citizens, whether they live in Germany or abroad, can be private landlords on the same terms as Germans. You do not need German citizenship or residence. You do, however, pay German tax on the rental income.
Do I pay German tax on rental income if I live abroad?
Yes. Rental income from German property is always taxed in Germany. As a non-resident you are beschränkt steuerpflichtig (subject to limited tax liability) under § 49 Abs. 1 Nr. 6 EStG: you file a German tax return with the Anlage V (rental income schedule) and pay Einkommensteuer on a progressive scale (roughly 14 % to 45 %) on the surplus after Werbungskosten. Double-taxation treaties follow the situs principle, giving Germany the right to tax German real estate.
Do non-resident landlords get the Grundfreibetrag?
Generally no. Under § 50 EStG, landlords with only beschränkte Steuerpflicht do not receive the Grundfreibetrag (basic tax-free allowance), so German rental income is taxed from the first euro. EU/EEA citizens whose income is at least 90 % German-sourced can elect unbeschränkte Steuerpflicht under § 1 Abs. 3 EStG and then claim the allowance.
Do I have to charge VAT (Umsatzsteuer) on residential rent?
No. Letting residential property is exempt from Umsatzsteuer (VAT) under § 4 Nr. 12 UStG. You neither add VAT to the rent nor can you reclaim the Vorsteuer (input VAT) on your costs such as renovations. This applies regardless of whether you are resident in Germany or abroad.
What duties does a landlord have in Germany?
The same for foreign and German landlords: provide an Energieausweis (energy certificate) before letting (§ 80 GEG), hold the Kaution (deposit, max three cold rents) separately and interest-bearing (§ 551 BGB), issue the Nebenkostenabrechnung (operating-cost statement) within 12 months (§ 556 Abs. 3 BGB), supply the Wohnungsgeberbestätigung for the tenant's Anmeldung (§ 19 BMG), and observe the Mietpreisbremse and the Kappungsgrenze on rent increases (§ 558 BGB).
Can I manage a German rental from abroad?
Yes. Many non-resident landlords appoint a Hausverwaltung (property manager) to handle day-to-day matters and a Steuerberater (tax adviser) for the Anlage V. A German bank account makes rent collection and tax payments easier, and you remain personally liable for your landlord duties even when a manager acts for you.
Sources
This guide is based on the statute text and official sources. You can read the cited paragraphs in the original here: