Termination Of Tenancy Agreement for Germany

Termination Of Tenancy Agreement Template for Germany

A formal legal document governed by German law (Bürgerliches Gesetzbuch - BGB) that officially terminates a tenancy agreement between a landlord and tenant. This document outlines the terms and conditions for ending the lease, including the termination date, property handover procedures, final payment settlements, and the return of the security deposit. It ensures compliance with German tenancy law requirements, particularly regarding notice periods, formal documentation, and the rights and obligations of both parties during the termination process. The agreement serves as a legally binding record of the mutually agreed termination terms and helps prevent future disputes.

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What is a Termination Of Tenancy Agreement?

The Termination of Tenancy Agreement is a crucial document used in the German real estate market when parties wish to formally end their rental relationship. It is governed by the German Civil Code (Bürgerliches Gesetzbuch - BGB) and must comply with specific legal requirements regarding notice periods, formal documentation, and tenant protection provisions. This document is typically used when both parties mutually agree to end the tenancy, or when one party exercises their legal right to terminate according to the original lease terms. It includes essential information about the property, final settlement of accounts, property handover procedures, and the return of the security deposit. The agreement is particularly important in the German context due to the country's strict tenant protection laws and formal requirements for property transactions.

What sections should be included in a Termination Of Tenancy Agreement?

1. Parties: Full legal names and addresses of both landlord and tenant

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

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

4. Termination Declaration: Clear statement of mutual agreement to terminate the tenancy and the effective termination date

5. Property Handover: Specific arrangements for returning keys and vacating the property, including the handover inspection date and time

6. Final Payments: Details of final rent payment, utility bills settlement, and other outstanding charges

7. Security Deposit: Process and timeline for the return of the security deposit, subject to property inspection

8. Utility Meters: Agreement on final meter readings and transfer/cancellation of utility contracts

9. Mail Forwarding: Arrangements for forwarding mail and tenant's new address

10. Signatures: Space for dated signatures of all parties

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

1. Early Termination Compensation: Required if the termination occurs before the regular notice period, detailing any compensation agreed between parties

2. Renovation Requirements: Needed if specific renovation or restoration work is required beyond normal wear and tear

3. Dispute Resolution: Include if parties wish to specify a particular method for resolving any future disputes

4. Outstanding Repairs: Include if there are any pending repairs or maintenance issues to be addressed

5. Tenant Improvements: Required if there are any tenant improvements that need to be addressed, either for removal or compensation

What schedules should be included in a Termination Of Tenancy Agreement?

1. Schedule 1: Property Condition Report: Detailed documentation of the property's condition at termination, including photographs

2. Schedule 2: Outstanding Payments Calculation: Detailed breakdown of any outstanding rent, utilities, or other charges

3. Schedule 3: Inventory List: List of any furniture or fixtures included in the original tenancy and their condition

4. Appendix A: Final Meter Readings: Documentation of final utility meter readings with photographs where possible

5. Appendix B: Property Return Checklist: Checklist of items to be completed before property 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 Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Student Housing

Social Housing

Corporate Real Estate

Retail Property

Industrial Property

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Operations

Tenant Relations

Administration

Compliance

Facilities

Contract Administration

Asset Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Facility Manager

Lease Administrator

Real Estate Portfolio Manager

Tenant Relations Manager

Property Administrator

Real Estate Operations Manager

Compliance Officer

Contract 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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