Mutual Agreement To End Tenancy for Germany

Mutual Agreement To End Tenancy Template for Germany

A formal legal document governed by German law (specifically the German Civil Code - BGB) that facilitates the consensual early termination of a lease agreement between a landlord and tenant. This agreement outlines the terms and conditions for ending the tenancy, including the agreed termination date, property handover procedures, final settlement of accounts, and the return of security deposits. It ensures legal compliance with German tenancy regulations while protecting both parties' interests and providing a clear framework for the amicable conclusion of the rental relationship.

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What is a Mutual Agreement To End Tenancy?

The Mutual Agreement to End Tenancy (Mietaufhebungsvertrag) is a crucial document used in German residential and commercial property management when both landlord and tenant agree to terminate a lease before its scheduled end date. This document is particularly relevant when circumstances require an early termination that benefits both parties, such as tenant relocation or property sale. It's governed by the German Civil Code (BGB) and must comply with specific requirements of German tenancy law. The agreement typically includes essential elements such as termination date, property handover procedures, utility settlements, and security deposit arrangements. It serves as a legally binding document that protects both parties' interests while ensuring a smooth and documented transition of property possession.

What sections should be included in a Mutual Agreement To End Tenancy?

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

2. Background: Reference to the original tenancy agreement, including its date and property address

3. Definitions: Key terms used in the agreement, including 'Property', 'Termination Date', and 'Security Deposit'

4. Mutual Agreement to Terminate: Clear statement of both parties' agreement to end the tenancy and the agreed termination date

5. Property Handover: Specific arrangements for returning the property, including inspection date and key return

6. Final Payments: Details of final rent payment, utility bills settlement, and security deposit return

7. Release of Obligations: Mutual release from future obligations under the original tenancy agreement

8. Property Condition: Agreement on the required condition for returning the property

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

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

What sections are optional to include in a Mutual Agreement To End Tenancy?

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

2. Outstanding Repairs: Details of any repairs needed or agreed to be completed before termination

3. Early Termination Fee: If applicable, any agreed compensation for ending the lease before its original end date

4. Utilities Transfer: Specific arrangements for transferring or terminating utility contracts

5. Remaining Occupants: Required when some occupants will remain in the property while others leave

6. Storage Arrangements: Details of temporary storage arrangements if needed for remaining items

What schedules should be included in a Mutual Agreement To End Tenancy?

1. Schedule 1 - Property Inspection Checklist: Detailed checklist for property condition assessment

2. Schedule 2 - Utility Meters Reading Form: Form for recording final utility meter readings

3. Schedule 3 - Inventory List: List of any landlord's fixtures and fittings and their condition

4. Appendix A - Photographic Evidence: Photos documenting the property's condition at termination

5. Appendix B - Outstanding Payments Schedule: Detailed breakdown of any final payments or settlements required

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

Relevant Teams

Legal

Property Management

Real Estate

Operations

Tenant Relations

Administration

Compliance

Facilities

Asset Management

Leasing

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Tenant Relations Manager

Housing Officer

Facility Manager

Leasing Manager

Property Administrator

Real Estate Attorney

Building Superintendent

Asset Manager

Portfolio 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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