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Basic Tenancy Agreement for Germany

Basic Tenancy Agreement Template for Germany

A Basic Tenancy Agreement (Mietvertrag) governed by German law, specifically regulated under the German Civil Code (Bürgerliches Gesetzbuch - BGB). This document establishes the fundamental legal relationship between landlord and tenant for residential property rentals in Germany. It incorporates mandatory provisions required by German tenancy law, including rent specifications, maintenance obligations, utility costs allocation, and termination conditions. The agreement ensures compliance with German residential tenancy regulations while protecting both landlord and tenant rights under the jurisdiction's strict tenant protection framework.

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What is a Basic Tenancy Agreement?

The Basic Tenancy Agreement (Mietvertrag) is a fundamental legal document used in Germany for establishing residential rental relationships between landlords and tenants. This document is essential for any residential property rental in Germany and must comply with the German Civil Code (BGB), particularly sections 535-577a, which govern residential tenancies. The agreement outlines crucial aspects including property details, rent amount, operating costs, maintenance responsibilities, and termination provisions. It's designed for use in standard residential letting situations and incorporates mandatory tenant protections specific to German law. The document reflects Germany's tenant-friendly legal framework and includes all necessary disclosures and provisions required by German housing regulations. It serves as the primary contract governing the landlord-tenant relationship and forms the basis for resolving any future disputes.

What sections should be included in a Basic Tenancy Agreement?

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

2. Background: Brief context of the rental arrangement and property overview

3. Definitions: Key terms used throughout the agreement

4. Property Details: Detailed description of the rental property, including address and included fixtures/fittings

5. Term of Lease: Duration of the tenancy, start date, and type of term (fixed or indefinite)

6. Rent and Other Charges: Rent amount, payment terms, and operating costs (Betriebskosten)

7. Security Deposit: Amount, payment terms, and conditions for the security deposit (Kaution)

8. Utilities and Operating Costs: Allocation of costs between landlord and tenant, billing procedures

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

10. Use of Property: Permitted use, occupancy rules, and restrictions

11. Landlord's Obligations: Key responsibilities and obligations of the landlord

12. Tenant's Obligations: Key responsibilities and obligations of the tenant

13. Insurance: Required insurance coverage for both parties

14. Access and Inspection: Landlord's rights of entry and inspection procedures

15. Termination: Notice periods and conditions for termination by either party

16. Final Provisions: Governing law, jurisdiction, and formal requirements

17. Signatures: Execution section for all parties

What sections are optional to include in a Basic Tenancy Agreement?

1. Pet Provisions: Used when pets are allowed in the property, specifying conditions and additional deposits

2. Garden Maintenance: Include for properties with gardens, detailing maintenance responsibilities

3. Subletting: Include if subletting is permitted, specifying conditions and approval process

4. Business Use: Include if any business activities are permitted from the property

5. Parking: Include if parking spaces are part of the rental agreement

6. Common Areas: Include for apartments with shared facilities

7. Energy Efficiency: Required for buildings meeting certain criteria under EnEV regulations

8. Renovation Schedule: Include if specific renovation works are planned or agreed upon

What schedules should be included in a Basic Tenancy Agreement?

1. Schedule 1 - Inventory List: Detailed inventory of furniture, appliances, and fittings provided

2. Schedule 2 - House Rules: Building/property rules and regulations (Hausordnung)

3. Schedule 3 - Operating Costs Breakdown: Detailed list of operating costs and allocation methods

4. Schedule 4 - Handover Protocol: Property condition report at the start of tenancy (Übergabeprotokoll)

5. Schedule 5 - Energy Performance Certificate: Energy efficiency certificate (Energieausweis)

6. Schedule 6 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

7. Appendix A - Floor Plan: Detailed floor plan of the rental property

8. Appendix B - Heating Cost Allocation: Method of calculating and allocating heating costs

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Lease Agreement

Cost

Free to use

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