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Co Tenancy Agreement for Germany

Co Tenancy Agreement Template for Germany

A German Co-Tenancy Agreement (Mitmietvertrag) is a legally binding document that establishes the terms and conditions for multiple tenants sharing a residential property under German law. The agreement complies with the German Civil Code (BGB) and relevant residential tenancy regulations, outlining the rights and responsibilities of all co-tenants and the landlord. It addresses crucial aspects such as rent sharing, joint liability, use of common areas, and individual responsibilities while ensuring compliance with German tenant protection laws and local housing regulations.

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Co Tenancy Agreement

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What is a Co Tenancy Agreement?

The Co-Tenancy Agreement is essential for situations where multiple tenants share a residential property in Germany. This document is particularly relevant for shared apartments (Wohngemeinschaften), student housing, or professional house-sharing arrangements. It must comply with German tenancy law, particularly the provisions of the German Civil Code (BGB) regarding residential leases and joint obligations. The agreement typically includes detailed provisions about rent sharing, deposit arrangements, utility costs allocation, and maintenance responsibilities. It also addresses specific aspects of communal living such as shared spaces usage, house rules, and the process for adding or replacing co-tenants. The document provides legal protection for all parties while ensuring clear understanding of individual and collective responsibilities.

What sections should be included in a Co Tenancy Agreement?

1. Parties: Identification of all co-tenants and the landlord, including full legal names, addresses, and contact details

2. Background: Brief context of the rental arrangement and property overview

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the rental property, including address and specific areas designated for exclusive or shared use

5. Term and Commencement: Duration of the tenancy and start date

6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment

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

8. Operating Costs and Utilities: Distribution of operating costs and utilities among co-tenants

9. Joint and Several Liability: Provisions regarding shared responsibilities and liabilities of co-tenants

10. Use of Property: Permitted use of the property and shared spaces

11. Maintenance and Repairs: Responsibilities for property maintenance and repair procedures

12. House Rules: Basic rules for communal living and use of shared facilities

13. Termination: Conditions and procedures for termination of the agreement

14. Governing Law: Confirmation of German law application and jurisdiction

15. Signatures: Execution section for all parties

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

1. Subletting: Rules regarding subletting, if permitted by the landlord

2. Pets: Provisions regarding keeping pets, if relevant

3. Parking: Regulations for parking spaces if included in the rental

4. Garden Use: Rules for garden use and maintenance if applicable

5. Storage Spaces: Allocation and rules for storage spaces if available

6. Energy Certificate: Details of the property's energy certification if required

7. Special Equipment: Provisions for special equipment or furnishings if provided

8. Smoking Policy: Specific rules regarding smoking if needed

9. Quiet Hours: Specific quiet hours if different from local regulations

What schedules should be included in a Co Tenancy Agreement?

1. Schedule 1 - Inventory List: Detailed inventory of furnishings and equipment provided

2. Schedule 2 - Condition Report: Documentation of property condition at commencement

3. Schedule 3 - House Rules: Detailed house rules and regulations

4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of operating costs and allocation

5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

6. Appendix A - Floor Plan: Floor plan showing room allocation and common areas

7. Appendix B - Energy Certificate: Copy of the property's energy certificate

8. Appendix C - Heating Cost Allocation: Details of heating cost calculation and distribution

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses
































Relevant Industries

Real Estate

Property Management

Residential Housing

Student Housing

Corporate Housing

Social Housing

Urban Development

Property Investment

Relevant Teams

Legal

Real Estate Operations

Property Management

Residential Leasing

Housing Services

Facilities Management

Contract Administration

Tenant Relations

Asset Management

Compliance

Relevant Roles

Property Manager

Real Estate Agent

Housing Officer

Tenant Relations Manager

Legal Counsel

Residential Leasing Manager

Student Housing Coordinator

Corporate Housing Manager

Facilities Manager

Lease Administrator

Housing Services Coordinator

Real Estate Operations 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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