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Home Contract for Germany

Home Contract Template for Germany

This document is a comprehensive residential rental agreement (Mietvertrag) governed by German law, specifically structured to comply with the German Civil Code (BGB) and related residential tenancy regulations. It establishes the legal relationship between landlord and tenant, detailing all aspects of the rental arrangement including property specifications, rental terms, rights and obligations of both parties, maintenance responsibilities, and operating costs. The agreement incorporates mandatory provisions required by German tenancy law, which is known for its strong tenant protections, while allowing for customization within the legal framework to address specific circumstances of the rental relationship.

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What is a Home Contract?

The Home Contract (Mietvertrag) is a fundamental legal document used in the German residential rental market to establish and regulate the relationship between landlords and tenants. This document is essential when renting any residential property in Germany, whether it's an apartment, house, or room. It must comply with German tenancy law, particularly the provisions of the German Civil Code (BGB) §§ 535-577a, which provides significant tenant protections. The agreement needs to address all crucial aspects of the rental relationship, including detailed property description, rent and additional costs, maintenance obligations, and usage rights. It's particularly important to note that German rental contracts often have specific requirements regarding notice periods, maintenance responsibilities, and rent increases that may differ significantly from other jurisdictions.

What sections should be included in a Home Contract?

1. Parties (Vertragsparteien): Identification and contact details of the landlord and tenant(s)

2. Background (Vorbemerkung): Brief context of the rental agreement and property identification

3. Definitions (Begriffsbestimmungen): Key terms used throughout the contract

4. Rental Property (Mietgegenstand): Detailed description of the rental property including address, size, and included facilities

5. Rental Period (Mietzeit): Duration of the rental agreement, start date, and termination provisions

6. Rent and Deposits (Miete und Kaution): Monthly rent amount, security deposit, and payment terms

7. Operating Costs (Betriebskosten): Breakdown of additional costs and utilities, including heating and water

8. Maintenance and Repairs (Instandhaltung und Reparaturen): Responsibilities for property maintenance and repairs

9. Use of Property (Nutzung der Mietsache): Permitted uses of the property and house rules

10. Keys and Security (Schlüssel und Sicherheit): Number of keys provided and security measures

11. Notice Requirements (Kündigungsregelungen): Terms and conditions for contract termination by either party

What sections are optional to include in a Home Contract?

1. Pet Clause (Tierhaltung): Rules regarding pet ownership - include when pets are permitted

2. Subletting (Untervermietung): Terms for subletting - include when subletting might be allowed

3. Garden Use (Gartennutzung): Rules for garden maintenance and use - include for properties with gardens

4. Parking (Stellplatz): Parking space regulations - include when parking is provided

5. Business Use (Gewerbliche Nutzung): Terms for home office or business use - include when relevant

6. Renovation Schedule (Renovierungsplan): Specific renovation obligations - include for properties requiring scheduled renovations

7. Special Equipment (Sonderausstattung): Rules for special facilities like sauna or fitness room - include when applicable

What schedules should be included in a Home Contract?

1. Property Handover Protocol (Übergabeprotokoll): Detailed documentation of property condition at handover

2. House Rules (Hausordnung): Detailed building regulations and community rules

3. Operating Costs Breakdown (Betriebskostenaufstellung): Detailed list of all operating costs and their calculation

4. Energy Performance Certificate (Energieausweis): Property's energy efficiency certification

5. Floor Plan (Grundriss): Detailed floor plan of the rental property

6. Inventory List (Inventarliste): List of furnished items if property is rented furnished

7. Maintenance Schedule (Wartungsplan): Schedule for regular maintenance of equipment and facilities

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

Agreement Contract

Cost

Free to use
Relevant legal definitions

























Clauses




























Relevant Industries

Residential Real Estate

Property Management

Real Estate Services

Corporate Housing

Relocation Services

Property Insurance

Facility Management

Legal Services

Relevant Teams

Legal

Real Estate

Property Management

Global Mobility

Facilities

Compliance

Corporate Housing

Tenant Relations

Administrative Support

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Tenant Relations Manager

Facilities Manager

Housing Coordinator

Relocation Specialist

Global Mobility Manager

Real Estate Portfolio Manager

Residential Leasing Manager

Corporate Housing Manager

Property Administrator

Legal Assistant

Compliance Officer

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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