The Surrender of Tenancy Agreement (Mietaufhebungsvertrag) is essential when both landlord and tenant agree to terminate a lease before its scheduled end date under German law. This document is commonly used in situations where either party needs to end the tenancy early due to circumstances such as relocation, property sale, or mutual agreement to terminate. The agreement must comply with the German Civil Code (BGB) requirements and includes crucial details such as the surrender date, property condition expectations, utility settlements, and security deposit arrangements. It serves as a formal record of the mutually agreed termination terms, protecting both parties' interests and preventing future disputes. The document is particularly important in the German legal context, where rental relationships are strictly regulated and formal documentation is essential for legal certainty.
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1. Parties: Details of the landlord and tenant, including full legal names and addresses
2. Background: Brief description of the existing tenancy agreement, its date, and the property address
3. Definitions: Key terms used in the agreement including 'Surrender Date', 'Property', 'Existing Lease', etc.
4. Agreement to Surrender: Formal statement of mutual agreement to terminate the lease early
5. Surrender Date: Specific date and time when the property will be surrendered
6. Tenant Obligations: Requirements for property condition, cleaning, repairs, and removal of belongings
7. Final Inspection: Arrangements for property inspection and documentation of condition
8. Utility Readings and Accounts: Process for final meter readings and transfer/closure of utility accounts
9. Security Deposit: Terms for the return of the security deposit, including deductions if applicable
10. Keys and Access Devices: Requirements for returning all keys and access devices
11. Settlement of Accounts: Final rent, operating costs, and other financial settlements
1. Early Release Payment: Terms of any compensation paid by tenant to landlord for early termination, if applicable
2. Forwarding Address: Tenant's new address for future correspondence and deposit return
3. Outstanding Repairs: Specific repairs required before surrender, if property has damage beyond normal wear and tear
4. Third Party Rights: Addressing rights of any guarantors or other parties to the original lease
5. Social Housing Provisions: Special provisions if the property is subject to social housing regulations
6. Renovation Requirements: Specific renovation or restoration requirements, if beyond standard obligations
1. Schedule 1 - Inventory and Condition Report: Detailed list of property condition and any existing damage at surrender
2. Schedule 2 - Utility Meter Readings: Final readings for all utilities with meter numbers and dates
3. Schedule 3 - Outstanding Payments: List of any pending payments or settlements between parties
4. Appendix A - Photographic Evidence: Dated photographs documenting property condition at surrender
5. Appendix B - Handover Protocol: Formal documentation of key handover and property inspection (Übergabeprotokoll)
6. Appendix C - Utility Transfer Forms: Required forms for utility company notifications
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