Lodger Contract for Germany

Lodger Contract Template for Germany

A Lodger Contract (Untermietvertrag) under German law is a legally binding agreement that establishes the terms and conditions for a lodger to occupy a room or defined space within a property where the main tenant or owner also resides. This document, governed by German civil law (BGB), specifically addresses shared living arrangements and includes provisions for common areas, utilities, house rules, and registration requirements. It differs from a standard rental agreement by focusing on the unique aspects of shared accommodation while ensuring compliance with German tenancy regulations and local registration laws.

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What is a Lodger Contract?

The Lodger Contract (Untermietvertrag) is essential for situations where an individual wishes to rent out a room or defined space within their primary residence in Germany. This document is commonly used in shared living arrangements, student housing, or when homeowners want to generate additional income while maintaining occupancy in their property. The contract must comply with German Civil Code (BGB) requirements, particularly sections 535-548 governing rental agreements, while addressing specific aspects of shared living arrangements. It includes crucial details about room usage, common areas access, utility cost sharing, house rules, and mandatory registration requirements. This type of agreement is distinct from standard rental contracts as it typically involves closer interaction between parties and shared living spaces, requiring more detailed provisions about cohabitation rules and mutual responsibilities.

What sections should be included in a Lodger Contract?

1. Parties: Identification of the main tenant/landlord and the lodger, including full names, current addresses, and contact details

2. Background: Brief context of the lodging arrangement and property details

3. Definitions: Key terms used in the agreement including 'Common Areas', 'Private Space', 'House Rules', etc.

4. Room and Common Areas: Detailed description of the private room and access rights to common areas

5. Term and Termination: Duration of the lodging agreement and notice periods for termination

6. Rent and Payments: Rent amount, payment schedule, and method of payment

7. Utilities and Additional Costs: Distribution of costs for utilities, internet, and other shared services

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

9. House Rules and Quiet Hours: Basic rules for cohabitation and specified quiet periods

10. Maintenance and Repairs: Responsibilities for maintaining the room and reporting damages

11. Rights of Access: Conditions under which the main tenant/landlord may enter the lodger's room

12. Registration: Lodger's obligation to register with local authorities (Anmeldung)

13. Governing Law: Specification of German law as governing law and jurisdiction

What sections are optional to include in a Lodger Contract?

1. Guests: Rules regarding visitors and overnight guests - include when the property allows guests

2. Smoking Policy: Specific rules about smoking - include when smoking is permitted in designated areas

3. Pets: Rules regarding keeping pets - include when pets are allowed under certain conditions

4. Parking: Parking space allocation and rules - include when parking facilities are available

5. Storage: Additional storage space rights and rules - include when extra storage is provided

6. Subletting Prohibition: Explicit prohibition of further subletting - include when this is a specific concern

7. Internet Usage: Rules for shared internet usage - include when internet is provided by the main tenant

What schedules should be included in a Lodger Contract?

1. Schedule 1: Inventory List: Detailed list of furniture and items provided in the room

2. Schedule 2: House Rules: Complete set of house rules including building-specific regulations

3. Schedule 3: Handover Protocol: Document recording the condition of the room at move-in (Übergabeprotokoll)

4. Schedule 4: Utility Costs Breakdown: Detailed breakdown of how utility costs are calculated and divided

5. Appendix A: Building Rules: Copy of the building's general rules (Hausordnung)

6. Appendix B: Floor Plan: Plan showing the lodger's room and common areas

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
Clauses
Relevant Industries

Real Estate

Residential Property

Student Housing

Property Management

Housing Services

Hospitality

Shared Accommodation

Private Housing

Relevant Teams

Legal

Real Estate

Property Management

Residential Services

Housing Administration

Compliance

Student Services

Tenant Relations

Contract Administration

Relevant Roles

Property Manager

Real Estate Agent

Housing Coordinator

Residential Leasing Manager

Student Housing Officer

Accommodation Manager

Legal Counsel

Tenancy Administrator

Housing Services 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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