Long Term Rental Agreement Template for Germany

A comprehensive legal document governed by German law that establishes the terms and conditions for the long-term rental of residential property in Germany. This agreement complies with the German Civil Code (BGB) and incorporates all mandatory provisions required under German tenancy law, including strict tenant protections, detailed operating cost allocations, and specific maintenance obligations. The document addresses rent payments, security deposits, property use conditions, maintenance responsibilities, and termination procedures, while ensuring compliance with local rent control regulations and energy efficiency requirements.

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What is a Long Term Rental Agreement?

The Long Term Rental Agreement is a fundamental legal instrument in the German residential property market, essential for establishing legally binding rental relationships between landlords and tenants. This document is required whenever a residential property is rented for an extended period in Germany, typically indefinite or fixed terms of one year or more. It must comply with the strict tenant protection provisions of the German Civil Code (BGB) and various federal and state regulations governing residential tenancies. The agreement covers crucial aspects such as rent determination, operating costs, maintenance obligations, and termination rights, while incorporating mandatory consumer protection elements. German rental law is notably tenant-friendly, making it essential to have a properly structured agreement that balances tenant rights with landlord interests while maintaining full legal compliance.

What sections should be included in a Long Term Rental Agreement?

1. Parties: Identification and contact details of the landlord and tenant(s), including full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

4. Property Details: Detailed description of the rental property, including address, size, and included fixtures/fittings

5. Term of Lease: Duration of the rental agreement, including start date and whether fixed-term or indefinite

6. Rent and Payment Terms: Monthly rent amount, payment method, due date, and late payment consequences

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

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

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

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

11. Tenant Obligations: Key responsibilities of the tenant including property care and neighborhood considerations

12. Landlord Obligations: Key responsibilities of the landlord including maintaining the property

13. Insurance Requirements: Required insurance coverage for both parties

14. Termination: Conditions and notice periods for termination of the agreement

15. Keys and Security: Number of keys provided and security measures

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

17. Signatures: Execution section for all parties to sign and date

What sections are optional to include in a Long Term Rental Agreement?

1. Pets: Rules regarding pet ownership, to be included if pets are allowed or specifically prohibited

2. Subletting: Terms for subletting the property, if permitted

3. Cosmetic Repairs (Schönheitsreparaturen): Specific terms regarding cosmetic repairs and redecorating obligations

4. Garden Maintenance: For properties with gardens, specifying maintenance responsibilities

5. Parking: Terms for parking spaces or garage use if included

6. Commercial Use: If any commercial or home office use is permitted

7. Energy Performance: Specific provisions related to energy efficiency if the property has special features

8. Renovation Clause: Any planned renovations or modernization works

9. Smart Home Features: For properties with smart home technology, specifying usage and maintenance

What schedules should be included in a Long Term Rental Agreement?

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

2. Schedule 2: Handover Protocol: Document recording the condition of the property at handover

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: Energy Performance Certificate: Copy of the property's energy performance certificate

6. Schedule 6: Floor Plan: Detailed floor plan of the rental property

7. Schedule 7: Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

8. Appendix A: Heating Cost Allocation: Method of calculating and allocating heating costs

9. Appendix B: Photo Documentation: Photographic evidence of property condition at start of tenancy

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Rental Agreement

Cost

Free to use

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