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Rent Cancellation Agreement for Germany

Rent Cancellation Agreement Template for Germany

A German Rent Cancellation Agreement (Mietaufhebungsvertrag) is a legally binding document that formally terminates a rental relationship between a landlord and tenant under German law. This agreement outlines the mutually agreed terms for ending the lease, including the specific termination date, conditions for property handover, settlement of utilities and deposits, and release of future claims. The document must comply with German Civil Code (BGB) requirements, particularly sections 535-562 regarding rental law, and includes provisions for final inspections, utility readings, and the return of keys and access devices.

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Rent Cancellation Agreement

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What is a Rent Cancellation Agreement?

The Rent Cancellation Agreement is used when both landlord and tenant mutually agree to terminate a rental relationship before its planned end date or to formalize the end of a rental period. This document is crucial in the German real estate market, where rental relationships are heavily regulated by the German Civil Code (BGB). The agreement provides legal certainty for both parties by clearly documenting the termination terms, handling of deposits, final utility settlements, and property handover conditions. It helps prevent future disputes by including detailed provisions about property condition, remaining obligations, and mutual releases. The document is particularly important in Germany due to strict tenant protection laws and formal requirements for rental terminations.

What sections should be included in a Rent Cancellation Agreement?

1. Parties: Identification of the landlord and tenant with full legal names and addresses

2. Background: Reference to the original rental agreement and basic facts about the current rental relationship

3. Definitions: Key terms used in the agreement, including 'Termination Date', 'Property', and 'Security Deposit'

4. Termination Agreement: Mutual agreement to terminate the lease and specification of the exact termination date

5. Property Handover: Terms and conditions for returning the property, including the handover process and timing

6. Final Settlement: Provisions for final utility bills, security deposit return, and any outstanding payments

7. Release of Claims: Mutual release from future claims related to the rental relationship

8. Keys and Access Devices: Requirements for returning all keys and access devices

9. Governing Law: Confirmation that the agreement is governed by German law

10. Signatures: Execution blocks for all parties

What sections are optional to include in a Rent Cancellation Agreement?

1. Renovation Requirements: Specific agreements about repairs or renovations required before moving out, used when there are specific cosmetic or repair requirements

2. Forwarding Address: Tenant's new address for future correspondence, used when immediate forwarding address is known

3. Early Termination Compensation: Any agreed compensation for early termination, used when the cancellation occurs before the original contract end date

4. Remaining Furniture: Arrangements for any furniture or fixtures being left behind, used when there are items to be transferred or removed

5. Outstanding Repairs: List of any pending repairs and responsibility for them, used when there are unresolved maintenance issues

6. Sublease Termination: Provisions regarding termination of any subleases, used when there are existing subtenants

What schedules should be included in a Rent Cancellation Agreement?

1. Schedule 1 - Property Condition Report: Detailed documentation of the property's condition at the time of agreement

2. Schedule 2 - Utility Meter Readings: Current readings of all relevant utility meters

3. Schedule 3 - Inventory List: List of any furniture or fixtures included in the original rental and their current condition

4. Appendix A - Handover Protocol Template: Template for the final property handover inspection

5. Appendix B - Settlement Calculation: Breakdown of final payments, deposits, and any deductions

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

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Retail

Hospitality

Industrial

Office Space

Student Housing

Senior Living

Relevant Teams

Legal

Property Management

Real Estate Operations

Tenant Relations

Facilities Management

Contract Administration

Compliance

Asset Management

Operations

Property Services

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Tenant Relations Manager

Asset Manager

Property Administrator

Leasing Manager

Real Estate Attorney

Housing Coordinator

Property Operations Director

Compliance Officer

Contract Administrator

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