Set-off ban in a rental contract – can the landlord do that?
Likely invalid — such a clause does not bind you.
A standard-form ban on setting off against the rent or withholding rent is void insofar as it excludes the mandatory exception in § 556b (2) BGB (claims for defects after prior notice).
What you can do next
Trotz der Klausel dürfen Sie mit Forderungen wegen Mängeln aufrechnen oder die Miete zurückbehalten, wenn Sie dies mindestens einen Monat vor Fälligkeit ankündigen.
The law behind it
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Check the whole contractRelated questions
- Fixed-term rental contract without a reason – is the term valid?
- Landlord may enter the flat at any time – is that allowed?
- Administration and repair costs billed as operating costs – do I have to pay?
- No annual operating-cost statement in the contract – allowed?
- Flat-rate operating costs without reconciliation – what applies?
- Landlord liability exclusion in the rental contract – valid?
General information based on German law and court decisions, checked by lawyers — not legal advice for your individual case.