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New Tenancy Agreement for Germany

New Tenancy Agreement Template for Germany

A comprehensive residential tenancy agreement governed by German law, specifically compliant with the German Civil Code (B眉rgerliches Gesetzbuch - BGB). This document establishes the legal relationship between landlord and tenant, detailing all essential aspects of the rental arrangement including property details, rent amount, payment terms, security deposit, operating costs, maintenance responsibilities, and usage rights. It incorporates mandatory provisions required by German tenancy law while providing clear terms for both parties regarding their rights and obligations throughout the tenancy period.

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New Tenancy Agreement

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What is a New Tenancy Agreement?

This New Tenancy Agreement template is designed for use in the German residential property market, conforming to the requirements of the German Civil Code (BGB) and related housing legislation. It serves as the primary legal document establishing a new residential tenancy relationship between landlord and tenant. The agreement covers all essential aspects required by German law, including detailed property description, rent and deposit arrangements, operating costs allocation, maintenance responsibilities, and termination provisions. It is particularly relevant for both private landlords and property management companies seeking to establish new tenancy relationships in compliance with German residential tenancy laws. The document incorporates recent legislative requirements regarding energy efficiency, operating costs calculations, and data protection, making it suitable for current use in the German property market.

What sections should be included in a New Tenancy Agreement?

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

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

3. Definitions: Key terms used throughout the agreement

4. Rental Property: Detailed description of the rental property including address, size, rooms, and included fixtures

5. Rental Period: Term of the tenancy, specifying 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 and service charges

8. Use of Rental Property: Permitted use of the property and basic tenant obligations

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

10. House Rules: Basic rules regarding noise, cleaning, waste disposal, and common areas

11. Keys and Security: Number of keys provided and handling of security measures

12. Notice Requirements: Terms and conditions for termination by either party

13. Final Provisions: Severability clause, amendments, and applicable law

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

1. Pets: Rules regarding pet ownership - include if pets are allowed

2. Subletting: Terms for subletting - include if subletting is permitted

3. Garden Maintenance: Include for properties with gardens or outdoor spaces

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

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

6. Renovation Schedule: Include if specific renovation works are planned

7. Smart Home Features: Include if property has special technical installations

8. Energy Supply: Include if tenant must contract with specific energy providers

What schedules should be included in a New Tenancy Agreement?

1. Handover Protocol (脺bergabeprotokoll): Detailed condition report of the property at handover

2. Operating Costs Breakdown: Detailed list of all operating costs and their calculation method

3. House Rules (Hausordnung): Complete set of house rules, especially important for multi-unit buildings

4. Energy Performance Certificate: Copy of the property's energy performance certificate

5. Floor Plan: Detailed floor plan of the rental property

6. Inventory List: List of any furniture or equipment included in the rental

7. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

8. SEPA Direct Debit Mandate: Authorization for automatic rent collection if applicable

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

Lease Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Management

Residential Housing

Property Investment

Legal Services

Property Development

Social Housing

Student Accommodation

Relevant Teams

Legal

Property Management

Real Estate

Operations

Residential Lettings

Contract Administration

Facility Management

Tenant Relations

Property Administration

Asset Management

Relevant Roles

Property Manager

Letting Agent

Real Estate Agent

Legal Counsel

Housing Officer

Facility Manager

Property Administrator

Tenancy Relations Officer

Real Estate Investment Manager

Property Portfolio Manager

Residential Leasing Manager

Housing Coordinator

Legal 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, 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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