Simple Tenancy Agreement for Germany

Simple Tenancy Agreement Template for Germany

A German residential tenancy agreement (Mietvertrag) is a legally binding document that establishes the terms and conditions for the rental of residential property in accordance with German law, particularly the German Civil Code (BGB). This agreement outlines the rights and obligations of both landlord and tenant, including rent payment terms, maintenance responsibilities, and termination conditions. It incorporates mandatory provisions of German tenancy law while allowing for customization within legal boundaries. The document ensures compliance with German residential tenancy regulations, including strict tenant protection measures and specific requirements for security deposits, operating costs, and maintenance obligations.

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What is a Simple Tenancy Agreement?

A Simple Tenancy Agreement under German law serves as the foundational document for residential property rentals in Germany. This document type is essential for both private landlords and property management companies when letting residential properties to tenants. The agreement must comply with the German Civil Code (BGB), particularly sections 535-577a, which provide extensive tenant protections and specific requirements for residential leases. The Simple Tenancy Agreement includes crucial elements such as property details, rent and payment terms, utility costs, maintenance obligations, and termination provisions. It's designed to be comprehensive while remaining accessible to all parties, incorporating mandatory legal requirements while allowing for customization based on specific property characteristics and agreed terms.

What sections should be included in a Simple Tenancy Agreement?

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

2. Background: Brief context of the agreement and property ownership

3. Definitions: Key terms used throughout the agreement

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

5. Term of Lease: Duration of the tenancy, start date, and type of tenancy (fixed-term or indefinite)

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

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

8. Operating Costs and Utilities: Distribution of costs between landlord and tenant, billing procedures

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

10. Use of Property: Permitted use, occupancy rules, and restrictions

11. Landlord's Rights and Obligations: Key responsibilities and rights of the landlord under the agreement

12. Tenant's Rights and Obligations: Key responsibilities and rights of the tenant under the agreement

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

14. Keys and Security: Number of keys provided and responsibilities regarding security

15. Final Provisions: Governing law, severability clause, and requirements for modifications

What sections are optional to include in a Simple Tenancy Agreement?

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

2. Subletting: Terms for subletting or having additional occupants, if permitted

3. Garden Maintenance: Include for properties with gardens to specify maintenance responsibilities

4. Parking: Include if parking spaces are part of the rental agreement

5. Business Use: Include if any business activities are permitted in the property

6. Smoking Policy: Include specific rules about smoking if required

7. Common Areas: Include for apartments with shared facilities to specify usage rules

8. Energy Performance: Include specific provisions about energy efficiency if required by property characteristics

What schedules should be included in a Simple Tenancy Agreement?

1. Schedule 1 - Inventory and Condition Report: Detailed list of furniture, fixtures, and fittings with their condition at the start of tenancy

2. Schedule 2 - House Rules: Specific rules of the building or housing complex, if applicable

3. Schedule 3 - Operating Costs Breakdown: Detailed breakdown of all operating costs and their allocation

4. Schedule 4 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

5. Schedule 5 - Energy Performance Certificate: Copy of the property's energy performance certificate

6. Schedule 6 - Floor Plan: Floor plan of the rental property

7. Appendix A - Handover Protocol: Document to be completed at the start of tenancy recording property condition and meter readings

8. Appendix B - Heating/Ventilation Instructions: Instructions for proper use of heating and ventilation systems

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

Tenancy Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Property Management

Residential Housing

Legal Services

Property Investment

Housing Associations

Property Development

Social Housing

Relevant Teams

Legal

Property Management

Residential Leasing

Compliance

Real Estate Operations

Housing Services

Contract Administration

Tenant Relations

Document Management

Property Administration

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Lease Administrator

Property Management Director

Compliance Officer

Real Estate Portfolio Manager

Tenancy Relations Officer

Housing Services Manager

Legal Administrative Assistant

Property Management Coordinator

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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