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.
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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
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
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
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