The Residential Lease Rental Agreement And Deposit Receipt is a fundamental document used in German residential property rentals to establish a legally binding tenancy while acknowledging the receipt and terms of the security deposit. This document is essential for any residential property rental in Germany and must comply with the strict tenant protection provisions of the German Civil Code (BGB). It serves multiple purposes: documenting the lease terms, confirming receipt of the security deposit (maximum three months' rent under German law), establishing maintenance and repair obligations, and including mandatory disclosures about operating costs and energy efficiency. The agreement is particularly important given Germany's heavily regulated rental market and the specific requirements for deposit handling, making it a crucial document for both private and professional landlords.
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1. Parties: Identification of landlord and tenant(s) with full legal names and addresses
2. Background: Brief context of the rental arrangement and property identification
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the rental property including address and what is included
5. Term of Lease: Duration of the lease, start date, and end date if fixed-term
6. Rent: Monthly rent amount, payment terms, and due dates
7. Security Deposit: Amount, payment terms, and conditions for return as per BGB §551
8. Operating Costs and Utilities: Allocation of operating costs between landlord and tenant per BetrKV
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations
10. Use of Property: Permitted use of property and restrictions
11. Landlord's Obligations: Legal obligations of the landlord under German law
12. Tenant's Obligations: Legal obligations of the tenant including proper use and care
13. Insurance: Required insurance coverage for both parties
14. Access Rights: Conditions under which landlord may enter the property
15. Termination: Notice periods and conditions for termination by either party
16. Return of Property: Conditions for property return and final inspection
17. Governing Law: Confirmation of German law application and jurisdiction
1. Pet Provisions: Include when pets are allowed, specifying conditions and additional deposits
2. Garage/Parking: Include when parking spaces or garage units are part of the lease
3. Garden Use: Include when property includes garden space, defining maintenance responsibilities
4. Subletting: Include when subletting might be permitted under specific conditions
5. Building Rules: Include for properties in multi-unit buildings with specific house rules
6. Renovation Clause: Include when specific renovation obligations are agreed upon
7. Commercial Use: Include if any home office or commercial use is permitted
8. Energy Efficiency: Include when property requires specific energy efficiency declarations
1. Schedule 1: Inventory List: Detailed inventory of furnished items and their condition
2. Schedule 2: Handover Protocol: Property condition report at the start of tenancy
3. Schedule 3: Operating Costs Breakdown: Detailed list of operating costs and their allocation
4. Schedule 4: House Rules: Building regulations and community rules
5. Schedule 5: Heating Cost Allocation: Details of heating cost calculation per HeizKV
6. Schedule 6: Energy Performance Certificate: Copy of property's energy efficiency certificate
7. Schedule 7: Maintenance Schedule: Regular maintenance responsibilities and intervals
8. Schedule 8: Floor Plan: Detailed floor plan of the rental property
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