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Periodic Tenancy Agreement for Germany

Periodic Tenancy Agreement Template for Germany

A standardized residential lease agreement governed by German law (B眉rgerliches Gesetzbuch - BGB) that establishes an ongoing tenancy with no fixed end date. This agreement comprehensively outlines the rights and obligations of both landlord and tenant, including specific provisions for rent payments, operating costs (Betriebskosten), maintenance responsibilities, and notice periods. The document incorporates mandatory consumer protection provisions under German tenancy law and includes specific requirements for security deposits, utility charges, and maintenance obligations. It complies with German residential tenancy regulations, including rent control provisions where applicable.

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Periodic Tenancy Agreement

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What is a Periodic Tenancy Agreement?

The Periodic Tenancy Agreement is a fundamental legal document used in the German residential rental market, where approximately 50% of the population lives in rented accommodation. This agreement type, governed by the German Civil Code (BGB), creates an indefinite tenancy that continues until either party serves notice according to statutory requirements. It's particularly important as German law heavily favors tenant protection and requires specific mandatory provisions to be included. The document must comply with strict German legal requirements regarding rent calculations, operating costs, maintenance obligations, and notice periods. This agreement type is commonly used for long-term residential lettings and must include all statutory tenant protections, making it distinct from fixed-term or commercial leases. Recent legislative changes, including the Mietrechtsnovellierungsgesetz, have added additional requirements regarding rent control in certain areas, which must be reflected in the agreement.

What sections should be included in a Periodic Tenancy Agreement?

1. Parties: Identification and details of the landlord and tenant(s), including full names, addresses, and contact information

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

3. Definitions: Key terms used throughout the agreement, ensuring clarity and legal certainty

4. Property Description: Detailed description of the rental property, including address, size, and included fixtures/fittings

5. Term and Termination: Details of the rental period, notice periods, and termination conditions as per German law

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

7. Operating Costs (Betriebskosten): Breakdown of additional costs and utilities, including heating, water, and other operational expenses

8. Security Deposit: Amount, payment terms, and conditions for the security deposit (Kaution)

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

10. Use of Property: Permitted use of the property, including any restrictions

11. House Rules: Basic rules for property use and consideration of neighbors

12. Keys and Security: Number of keys provided and regulations regarding additional copies

13. Insurance: Required insurance coverage for both parties

14. Notices: How and where formal notices must be delivered

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

16. Execution: Signature blocks and date of agreement

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

1. Pets: Rules regarding pet ownership, to be included if pets are permitted or specifically prohibited

2. Subletting: Terms for subletting or temporary occupancy by third parties, if permitted

3. Renovation Schedule: Specific agreements about planned renovations or improvements, if applicable

4. Parking: Terms for parking space use if included with the property

5. Garden/Outdoor Space: Maintenance and use rules for any outdoor spaces, if applicable

6. Commercial Use: Terms for any permitted commercial activities, if relevant

7. Energy Performance: Specific provisions regarding energy efficiency and related costs, if required

8. Smart Home Features: Rules regarding smart home installations and data privacy, if relevant

What schedules should be included in a Periodic Tenancy Agreement?

1. Schedule 1 - Inventory List: Detailed inventory of furniture, appliances, and fittings provided with the property

2. Schedule 2 - House Rules: Complete set of house rules (Hausordnung)

3. Schedule 3 - Operating Costs Breakdown: Detailed list of all operating costs and their allocation between parties

4. Schedule 4 - Handover Protocol: Property condition report at the start of tenancy (脺bergabeprotokoll)

5. Schedule 5 - Energy Certificate: Copy of the property's energy performance certificate (Energieausweis)

6. Schedule 6 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

7. Schedule 7 - Floor Plan: Detailed floor plan of the rental property

8. Appendix A - Heating Cost Calculation Method: Explanation of heating cost allocation method

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

Corporate Housing

Student Housing

Senior Living

Serviced Apartments

Property Investment

Legal Services

Property Development

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Corporate Housing

Tenant Relations

Compliance

Operations

Asset Management

Global Mobility

Risk Management

Contract Administration

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Housing Officer

Facility Manager

Tenant Relations Manager

Compliance Officer

Real Estate Investment Manager

Property Administrator

Corporate Housing Manager

Relocation Specialist

Asset Manager

Property Operations Director

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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