Fixed Term Lease Agreement for Germany

Fixed Term Lease Agreement Template for Germany

A Fixed Term Lease Agreement governed by German law (Befristeter Mietvertrag) is a legally binding contract that establishes a temporary rental relationship between a landlord and tenant for a specified duration. The agreement must comply with the German Civil Code (BGB) requirements, particularly §575, which mandates that fixed-term residential leases must have a legally valid reason for the time limitation. This document outlines the rights and obligations of both parties, including rent payments, operating costs (Betriebskosten), maintenance responsibilities, and specific terms of use for the property. It incorporates mandatory German legal requirements regarding notice periods, deposit regulations, and tenant protections.

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What is a Fixed Term Lease Agreement?

The Fixed Term Lease Agreement is a specialized rental contract used in Germany when there is a legitimate need for a time-limited lease arrangement. It's particularly relevant when there are specific circumstances that justify a fixed term, such as planned renovations, future personal use by the landlord, or anticipated structural changes to the property. The document must strictly comply with German tenancy law (Mietrecht) under the BGB, which generally favors indefinite lease terms and requires explicit justification for fixed-term arrangements. The agreement comprehensively covers all aspects of the landlord-tenant relationship, including detailed provisions for rent, operating costs, maintenance obligations, and usage rights. It's essential for both residential and commercial properties, though the legal requirements and protections differ between these contexts. The document includes mandatory disclosures such as energy certificates and operating cost structures, reflecting current German housing and energy efficiency regulations.

What sections should be included in a Fixed Term Lease Agreement?

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

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

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the rental property including address and specific spaces included

5. Term and Commencement: Fixed duration of the lease and start date, with specific justification for fixed term as required by German law

6. Rent and Payment Terms: Base rent amount, payment schedule, and method of payment

7. Operating Costs (Betriebskosten): Breakdown of additional costs and utilities, payment structure, and annual reconciliation process

8. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

9. Use of Property: Permitted use of the property and any restrictions

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

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

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

13. Insurance: Required insurance coverage for both parties

14. Access Rights: Conditions under which landlord may access the property

15. Termination: Conditions and process for early termination if applicable

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

What sections are optional to include in a Fixed Term Lease Agreement?

1. Furnished Property Provisions: Additional terms regarding furnished properties, including inventory list

2. Pet Clause: Terms and conditions for keeping pets in the property

3. Renovation and Decoration: Specific terms about permitted alterations and end-of-lease restoration requirements

4. Subletting and Assignment: Terms regarding subletting rights and procedures

5. Garden Maintenance: Specific provisions for maintenance of outdoor spaces if applicable

6. Parking Provisions: Terms regarding parking spaces or garage use if included

7. Common Areas: Rules and regulations for use of common areas in multi-unit buildings

8. Building Rules (Hausordnung): Specific rules of the building or complex if applicable

What schedules should be included in a Fixed Term Lease Agreement?

1. Schedule 1 - Property Inventory: Detailed list of furniture, appliances, and fixtures if property is furnished

2. Schedule 2 - Property Condition Report: Detailed description of property condition at commencement of lease

3. Schedule 3 - Operating Costs Breakdown: Detailed breakdown of all operating costs and allocation method

4. Schedule 4 - Energy Performance Certificate: Copy of property's energy performance certificate (Energieausweis)

5. Schedule 5 - House Rules (Hausordnung): Complete set of building/complex rules and regulations

6. Schedule 6 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities

7. Schedule 7 - Handover Protocol: Template for property handover documentation

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

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

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Retail

Hospitality

Professional Services

Industrial

Education

Healthcare

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Operations

Asset Management

Tenant Relations

Contract Administration

Compliance

Property Services

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Contracts Manager

Real Estate Agent

Property Administrator

Leasing Manager

Asset Manager

Housing Officer

Commercial Property Manager

Tenant Relations Manager

Real Estate Operations Director

Compliance Officer

Property Services Coordinator

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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