There is still much ambiguity about this question. We explain here simply how it works.
A broker may never charge the landlord and the tenant mediation fees.
Therefore, if the broker works for the landlord, he may NOT charge the tenant a brokerage fee. Asking for key money is also NOT allowed.
Sometimes a rental broker offers additional services to new tenants. Think for example of arranging gas-water-light connections, arranging TV and internet, applying for a housing permit or opening a bank account.
A rental agent should be allowed to charge a fee for arranging these things, but only if:
- These services are completely optional and without obligation.
- The services must not be part of the lease and in fact be completely separate from it.
- Also, this work is then done only the conclusion of the lease.
This is because the legislature wants to prevent a rental agent from giving preference to tenants who do opt for the package of additional paid services that that rental agent offers.
If the letting agent puts optional services in the same ‘Order for Service’ as the agreement to rent the property and to deposit the security deposit etc.
So is a broker allowed to charge mediation fees when helping you find a rental property?
This is only allowed if he has a role as a hiring agent and therefore does not work for the landlord nor does he receive compensation from the landlord.
A reason to write this article is because our office does a lot of “hiring” from our role as a “hiring agent. Recently, a fellow broker accused us of unfair business practices. The above is how it is legally regulated. Source here.
And we are apetrocious that we can help people in this difficult market to succeed in finding a rental property. It’s not easy for us either, but by being VOL on top of things, we see that we often do manage to find rental properties for home seekers within a short period of time. More info on our hiring services can be found here. However, we must add that the rental segment <€1200 per month is very difficult even for us. The supply here is so low and the demand so extreme, that it is often almost impossible to get in between.