Cancellation Of Rental Agreement for Germany

Cancellation Of Rental Agreement Template for Germany

A formal document governed by German law (Bürgerliches Gesetzbuch - BGB) that legally terminates an existing rental agreement between a landlord and tenant before its original end date. The document outlines the mutually agreed termination date, procedures for property handover, settlement of security deposits, final utility payments, and any specific conditions for the termination. It ensures compliance with German rental law requirements while protecting both parties' rights and obligations during the termination process.

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What is a Cancellation Of Rental Agreement?

The Cancellation Of Rental Agreement is a crucial legal document used in Germany when both parties mutually agree to end a rental contract before its original termination date. It's essential for situations where either the landlord and tenant have reached an agreement for early termination, or when specific circumstances require a formal documentation of the rental agreement's end. The document must comply with German Civil Code (BGB) requirements, particularly sections §542-573, which govern rental agreement terminations. This document typically includes detailed provisions about property handover, security deposit return, final utility settlements, and mutual releases from future obligations. It's commonly used in both residential and commercial property contexts and can be particularly important for corporate relocations, property sales, or when tenants need to move unexpectedly.

What sections should be included in a Cancellation Of Rental Agreement?

1. Parties: Identification of the landlord and tenant, including full names, addresses, and any reference numbers from the original rental agreement

2. Background: Reference to the original rental agreement, including its date, property address, and any relevant amendments

3. Definitions: Key terms used in the agreement, including 'Termination Date', 'Property', 'Original Agreement', etc.

4. Mutual Agreement to Terminate: Clear statement of both parties' agreement to terminate the rental agreement and the effective termination date

5. Property Handover: Specific arrangements for the handover of the property, including date, time, and condition requirements

6. Security Deposit: Provisions for the return of the security deposit, including timeline and any deductions

7. Final Payments: Details of final rent payment, utilities settlement, and any other financial obligations

8. Release of Obligations: Mutual release from future obligations under the original rental agreement

9. Governing Law: Confirmation that the agreement is governed by German law

10. Signatures: Space for dated signatures of all parties

What sections are optional to include in a Cancellation Of Rental Agreement?

1. Forwarding Address: Section for tenant's new address for future correspondence, required if tenant is moving to a new location

2. Outstanding Repairs: Details of any repairs or restoration work required before handover, needed if property has damage or modifications

3. Utility Transfer: Procedures for transferring or terminating utility contracts, necessary if utilities are in tenant's name

4. Keys and Access Devices: Specific provisions about returning keys, access cards, or garage remotes, required if multiple access devices were provided

5. Final Inspection: Detailed process for final property inspection, recommended for properties with valuable furnishings or extensive improvements

What schedules should be included in a Cancellation Of Rental Agreement?

1. Schedule 1 - Property Handover Checklist: Detailed checklist for property condition and inventory during final handover

2. Schedule 2 - Utility Meter Readings: Form for recording final utility meter readings

3. Schedule 3 - Security Deposit Calculation: Breakdown of security deposit return calculation, including any deductions

4. Appendix A - Photographic Evidence: Space for attaching dated photographs of property condition at handover

5. Appendix B - Original Rental Agreement: Copy of the original rental agreement for reference

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 | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Property Investment

Facility Management

Student Housing

Corporate Housing

Retail Property

Relevant Teams

Legal

Property Management

Real Estate Operations

Tenant Relations

Facilities

Administration

Corporate Housing

Lease Administration

Asset Management

Property Services

Contract Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Facility Manager

Housing Officer

Leasing Manager

Property Administrator

Tenant Relations Manager

Real Estate Investment Manager

Building Superintendent

Corporate Housing Manager

Residential Services Coordinator

Legal Administrative Assistant

Property 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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