Termination Of Tenancy for Germany

Termination Of Tenancy Template for Germany

A comprehensive legal document governed by German law (Bürgerliches Gesetzbuch - BGB) that formally ends a tenancy agreement between a landlord and tenant. The document ensures compliance with German tenancy law requirements, including statutory notice periods, formal documentation requirements, and tenant protection provisions. It covers essential elements such as the termination date, property return conditions, security deposit return procedures, and final utility settlements, while adhering to the strict formal requirements of German residential and commercial tenancy law.

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Termination Of Tenancy

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What is a Termination Of Tenancy?

The Termination of Tenancy document is a crucial legal instrument used in the German property market to formally end residential or commercial lease agreements. It must comply with the German Civil Code (BGB), particularly sections 535-577a governing tenancy law. This document is utilized when either party wishes to end the tenancy agreement, whether through mutual consent or unilateral notice, and must respect Germany's tenant-protective legislation. It includes essential provisions for termination dates, notice periods, property handover procedures, utility settlements, and security deposit returns. The document becomes necessary in various scenarios, including end of fixed-term tenancies, early termination by mutual agreement, or justified termination by either party, and must always adhere to the formal requirements specified in German tenancy law.

What sections should be included in a Termination Of Tenancy?

1. Parties: Identification of landlord and tenant with full legal names and addresses

2. Background: Details of the existing tenancy agreement including its date, the property address, and any relevant registration details

3. Definitions: Key terms used in the document including 'Property', 'Tenancy Agreement', 'Termination Date'

4. Termination Date: Clear specification of the date when the tenancy will end

5. Property Return Conditions: Specifications for the condition in which the property must be returned, including cleaning requirements and restoration obligations

6. Handover Process: Details of the property inspection and key return procedure

7. Final Settlement: Process for settling final utility bills, operating costs, and other outstanding payments

8. Security Deposit: Terms for the return of the security deposit, including timeline and conditions

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

What sections are optional to include in a Termination Of Tenancy?

1. Mutual Agreement Declaration: Required only for mutual termination agreements - statement that both parties agree to early termination

2. Forwarding Address: Section for tenant's new address for future correspondence and deposit return

3. Early Release Conditions: Used when tenant is being released from obligations before the regular notice period

4. Renovation Requirements: Specific if there are particular renovation or restoration requirements beyond normal wear and tear

5. Successor Tenant Arrangements: Include if there are arrangements regarding a successor tenant

6. Outstanding Repairs: List of any repairs that need to be completed before moving out

7. Mail Forwarding: Arrangements for forwarding mail after tenant's departure

What schedules should be included in a Termination Of Tenancy?

1. Property Condition Report: Detailed documentation of the current property condition to be compared with initial condition

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

3. Handover Protocol: Checklist for the final property inspection and key handover

4. Outstanding Payments Schedule: List of any remaining payments or credits between the parties

5. Inventory List: List of any fixtures, fittings, or furniture to be checked during handover

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 legal definitions
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Property Development

Social Housing

Student Housing

Corporate Housing

Retail Property

Relevant Teams

Legal

Property Management

Real Estate Operations

Tenant Relations

Asset Management

Compliance

Administration

Facilities Management

Portfolio Management

Customer Service

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Tenancy Law Specialist

Housing Officer

Asset Manager

Leasing Manager

Real Estate Administrator

Property Operations Manager

Tenant Relations Manager

Compliance Officer

Real Estate Portfolio Manager

Housing Administrator

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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