The Renewal of Tenancy Agreement is a critical document used when extending an existing lease arrangement under German law. It's particularly relevant when the original fixed-term contract is expiring or when parties wish to formalize changes to an ongoing tenancy. The document must comply with the German Civil Code (BGB) and various tenant protection regulations, making it more comprehensive than simple extension notices. It typically includes updated rent terms, any new provisions required by law changes, and modifications agreed upon by both parties. This document is essential for both residential and commercial properties in Germany, requiring careful attention to rent control regulations, energy efficiency requirements, and tenant rights provisions. The renewal agreement serves as an addendum to the original lease while potentially updating terms to reflect current market conditions and legal requirements.
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1. Parties: Identification of landlord and tenant(s) with full legal names and addresses
2. Background: Reference to original tenancy agreement, its date, and reason for renewal
3. Definitions: Key terms used in the agreement, including any modifications from the original agreement
4. Term of Renewal: Duration of the renewal period and any changes to the nature of the term (fixed/indefinite)
5. Rent and Payment Terms: Current rent amount, payment schedule, and any agreed adjustments
6. Operating Costs (Betriebskosten): Breakdown of auxiliary costs and utility charges
7. Maintenance and Repairs: Ongoing responsibilities for property maintenance and repairs
8. Use of Property: Permitted use and any restrictions on the property
9. Previous Agreement Terms: Confirmation of which terms from the original agreement remain in force
10. Signatures: Execution block for all parties including date and place of signing
1. Rent Adjustment Mechanism: Include when implementing a new rent adjustment system or indexed rent
2. Energy Efficiency Updates: Required when property has undergone energy efficiency improvements
3. Renovation Agreements: Include when specific renovation works are agreed upon as part of renewal
4. Subletting Provisions: Include when modifying or adding subletting permissions
5. Pet Clauses: Include when updating or adding permissions for keeping pets
6. Property Improvements: Include when tenant improvements are permitted or planned
7. Modified Notice Periods: Include when changing the notice periods from statutory requirements
1. Schedule 1 - Property Inventory: Updated inventory of furnishings and fittings if applicable
2. Schedule 2 - Operating Costs Breakdown: Detailed list of all operating costs and allocation methods
3. Schedule 3 - House Rules: Current version of building/property rules and regulations
4. Schedule 4 - Energy Performance Certificate: Current energy efficiency rating and certificate
5. Schedule 5 - Maintenance Schedule: Planned maintenance works and responsibilities
6. Appendix A - Heating Cost Allocation: Method of calculating and distributing heating costs
7. Appendix B - Photo Documentation: Current condition of the property if updated
8. Appendix C - Previous Agreement: Copy of original tenancy agreement for reference
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