The Lease For Residential Property agreement is a fundamental document in German property law, essential for establishing legal residential tenancy relationships. It serves as the primary contract between landlords and tenants, incorporating strict requirements from the German Civil Code (BGB) and various supplementary regulations. This document is required whenever residential property is rented in Germany, whether for fixed-term or indefinite periods. It must include specific provisions about rent calculations, operating costs, maintenance responsibilities, and tenant rights, while adhering to local rent control regulations. The agreement also needs to incorporate recent legal developments in German tenancy law, including energy efficiency requirements and data protection provisions. Given Germany's strong tenant protection laws, this document must be carefully drafted to ensure enforceability while maintaining compliance with all relevant regulations.
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1. Parties: Identification and contact details of the landlord and tenant(s)
2. Background: Brief context of the lease arrangement
3. Definitions: Key terms used throughout the lease agreement
4. Rental Property: Detailed description of the rental property, including address, size, and included facilities
5. Lease Term: Duration of the lease, including start date and whether fixed-term or indefinite
6. Rent and Deposits: Monthly rent amount, security deposit, and payment terms
7. Operating Costs (Betriebskosten): Breakdown of additional costs and utilities, including heating, water, and other operating costs
8. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations
9. Use of Property: Permitted use of the property and basic rules of conduct
10. Landlord's Rights and Obligations: Key responsibilities and rights of the landlord under the agreement
11. Tenant's Rights and Obligations: Key responsibilities and rights of the tenant under the agreement
12. Notice Requirements: Terms and conditions for termination of the lease by either party
13. Keys and Security: Number of keys provided and security measures
14. Insurance: Required insurance coverage for both parties
15. Data Protection: GDPR compliance and handling of personal data
16. Governing Law: Confirmation of German law application and jurisdiction
1. Pet Clause: Rules regarding keeping pets - include if pets are allowed or specifically prohibited
2. Garden Use: Rules for garden maintenance and use - include if property has a garden
3. Parking: Parking space allocation and rules - include if parking is available
4. Renovation Schedule: Specific renovation requirements or schedule - include if specific renovation terms are agreed
5. Subletting: Rules regarding subletting - include if subletting is to be specifically addressed
6. Common Areas: Rules for use of common areas - include for properties with shared facilities
7. Smart Home Features: Rules regarding smart home installations - include if property has smart features
8. Commercial Use: Rules regarding home office or commercial use - include if relevant
9. Energy Efficiency Measures: Specific agreements regarding energy efficiency - include for properties with special energy features
1. Handover Protocol (脺bergabeprotokoll): Detailed condition report of the property at the start of tenancy
2. Energy Performance Certificate (Energieausweis): Mandatory energy efficiency rating documentation
3. House Rules (Hausordnung): Detailed rules and regulations for the property and building
4. Operating Costs Breakdown: Detailed list of all operating costs and their calculation method
5. Inventory List: List of furniture and equipment included in the rental, if furnished
6. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
7. Floor Plan: Detailed floor plan of the rental property
8. Heating Cost Allocation: Details of heating cost calculation and distribution method
9. Previous Utility Bills: Sample utility bills from previous period for tenant's reference
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