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Fixed Term Rental Agreement for Germany

Fixed Term Rental Agreement Template for Germany

A Fixed Term Rental Agreement under German law (governed by the German Civil Code - BGB) is a legally binding contract that establishes a temporary residential tenancy for a specified period. This document must comply with strict German regulations regarding fixed-term rentals, including the requirement for valid justification of the fixed term. The agreement covers essential elements such as property details, rent amount, operating costs, maintenance responsibilities, and specific terms required under German tenancy law. It includes mandatory consumer protection provisions and must address energy efficiency requirements, making it a comprehensive document that balances landlord and tenant rights while ensuring compliance with German housing regulations.

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What is a Fixed Term Rental Agreement?

A Fixed Term Rental Agreement is essential for establishing temporary residential tenancies in Germany. Under German law, indefinite rental agreements are the norm, and fixed-term contracts require specific justification as per §575 BGB (German Civil Code). This document is used when landlords have legitimate reasons for limiting the rental period, such as planned personal use, scheduled renovations, or intended sale of the property. The agreement must include all mandatory elements required by German tenancy law, including detailed property description, rent and operating costs calculations, maintenance obligations, and energy efficiency information. It serves both private and corporate landlords renting to residential tenants and must comply with strict consumer protection regulations. The document is particularly relevant in urban markets where temporary housing arrangements are common, such as Berlin, Munich, or Frankfurt.

What sections should be included in a Fixed Term Rental Agreement?

1. Parties: Identification of landlord and tenant(s) with full legal names and addresses

2. Background: Context of the rental agreement and confirmation of fixed-term nature with legally required justification

3. Definitions: Definition of key terms used throughout the agreement

4. Rental Property: Detailed description of the rental property, including address, size, rooms, and included fixtures

5. Term: Fixed rental period with specific start and end dates, including justification for fixed term as required by German law

6. Rent and Deposits: Base rent amount, payment terms, security deposit details, and indexation provisions if applicable

7. Operating Costs and Utilities: Allocation of operating costs (Betriebskosten) and utility charges between parties

8. Use of Property: Permitted use, occupancy limits, and requirements for residential use

9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations

10. Landlord's Rights and Obligations: Key responsibilities and rights of the landlord under the agreement

11. Tenant's Rights and Obligations: Key responsibilities and rights of the tenant under the agreement

12. House Rules: Basic rules for property use and community consideration

13. Insurance: Required insurance coverage for both parties

14. Termination: Conditions and process for early termination if permitted

15. Handover Provisions: Process for initial and final property handover, including condition documentation

16. Notices: How formal communications between parties should be made

17. Data Protection: GDPR-compliant provisions for handling personal data

18. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Fixed Term Rental Agreement?

1. Pets: Rules regarding pet ownership - include if pets are allowed

2. Subletting: Terms for subletting - include if subletting is permitted

3. Renovation and Decoration: Specific terms for property modifications - include if special renovation rights are granted

4. Parking: Parking space provisions - include if parking is available

5. Garden/Outside Areas: Maintenance and use of outdoor spaces - include if applicable

6. Heating System Obligations: Special provisions for properties with specific heating requirements - include if relevant

7. Commercial Use: Terms for partial commercial use - include if home office or commercial use is permitted

8. Building Management: Interface with building management - include for properties in managed buildings

9. Smart Home Features: Rules for smart home technology - include if property has such features

What schedules should be included in a Fixed Term Rental Agreement?

1. Property Condition Report: Detailed documentation of property condition at handover

2. Inventory List: List of furniture and appliances included in the rental

3. House Rules: Detailed building/community rules and regulations

4. Operating Costs Breakdown: Detailed list of operating costs and allocation method

5. Energy Performance Certificate: Mandatory energy efficiency documentation

6. Floor Plan: Detailed plan of the rental property

7. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

8. Heating/Utility Cost Allocation: Method of calculating individual unit costs in multi-unit buildings

9. Signatures and Acknowledgments: Formal execution page with all required signatures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions








































Clauses









































Relevant Industries

Real Estate

Property Management

Residential Property

Housing

Property Development

Real Estate Investment

Property Services

Facility Management

Legal Services

Property Tech

Relevant Teams

Legal

Real Estate

Property Management

Operations

Compliance

Contract Administration

Asset Management

Tenant Relations

Document Management

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Lease Administrator

Property Administrator

Compliance Officer

Real Estate Manager

Tenant Relations Manager

Contract Manager

Real Estate Lawyer

Building Manager

Portfolio Manager

Asset Manager

Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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