Hire Agreement for Germany

Hire Agreement Template for Germany

A German hire agreement (Mietvertrag) is a legally binding document governed by the German Civil Code (Bürgerliches Gesetzbuch - BGB) that establishes the terms and conditions for the rental of property. This agreement comprehensively outlines the rights and obligations of both landlord and tenant, including specific provisions for rent payment, maintenance responsibilities, operating costs, and termination conditions. The document incorporates mandatory provisions under German law, which is known for its strong tenant protections, and must comply with various regulations including local rent control measures and energy efficiency requirements.

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What is a Hire Agreement?

The German Hire Agreement (Mietvertrag) is a fundamental legal document used for establishing rental relationships in Germany, whether for residential, commercial, or mixed-use properties. This document is essential whenever a property owner (landlord) wishes to rent out their property to a tenant, and must strictly comply with German legal requirements, particularly the German Civil Code (BGB). The agreement covers all crucial aspects of the rental relationship, including rent payments, maintenance obligations, utility costs, and termination provisions. It's particularly noteworthy that German rental law provides significant tenant protections, and this must be reflected in the agreement's terms. The document is typically used in both private and commercial contexts, and can be adapted for various property types while maintaining compliance with mandatory legal provisions.

What sections should be included in a Hire Agreement?

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

2. Background: Brief context of the rental arrangement

3. Definitions: Key terms used throughout the agreement

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

5. Term and Commencement: Duration of the rental agreement and start date

6. Rent and Payment Terms: Monthly rent amount, payment method, due date, and any applicable VAT

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

8. Operating Costs (Betriebskosten): Breakdown of additional costs and utilities, including heating and water charges

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

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

11. Insurance: Required insurance coverage for both parties

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

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

14. Return of Property: Conditions for property return and final inspection

15. Governing Law: Specification of German law as governing law

16. Signatures: Execution block for all parties

What sections are optional to include in a Hire Agreement?

1. Subletting: Include when subletting might be permitted under specific conditions

2. Pets: Include when specific rules about keeping pets need to be addressed

3. Renovation and Alterations: Include when tenant is permitted to make changes to the property

4. Shared Facilities: Include for properties with common areas or shared facilities

5. Building Rules: Include for properties in apartment buildings or complexes

6. Energy Performance: Include when property is subject to energy efficiency requirements

7. Parking: Include when parking spaces are part of the rental

8. Commercial Use: Include when mixed residential/commercial use might be permitted

What schedules should be included in a Hire Agreement?

1. Schedule 1 - Inventory List: Detailed inventory of furnished items and their condition

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

3. Schedule 3 - House Rules: Building or complex specific rules and regulations

4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of all operating costs and allocation method

5. Schedule 5 - Maintenance Schedule: Regular maintenance requirements and schedules

6. Appendix A - Energy Performance Certificate: Copy of property's energy performance certificate

7. Appendix B - Floor Plans: Detailed plans of the rental property

8. Appendix C - Photographic Documentation: Photos of property condition at commencement

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

Employment Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Retail

Office Space

Industrial

Hospitality

Storage and Warehousing

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Operations

Asset Management

Compliance

Administrative Services

Contract Management

Tenant Relations

Relevant Roles

Property Manager

Real Estate Agent

Facilities Manager

Legal Counsel

Contract Manager

Real Estate Director

Housing Officer

Leasing Manager

Asset Manager

Property Administrator

Building Manager

Real Estate Investment Manager

Tenant Relations Manager

Compliance Officer

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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