The Rental Contract (Mietvertrag) is a fundamental legal document used in Germany for establishing a binding agreement between property owners and tenants for the temporary use of real estate. This document is essential for both residential and commercial property rentals in Germany and must strictly comply with the German Civil Code (BGB), particularly 搂搂 535-548 governing rental agreements. The contract addresses crucial aspects including rent payments, maintenance obligations, utility costs, and notice periods, while incorporating mandatory tenant protections specific to German law. It serves as the primary reference document for the entire duration of the tenancy and should be carefully drafted to ensure enforceability and compliance with current German rental regulations, including state-specific requirements and local housing laws.
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1. Parties: Identification and contact details of the landlord and tenant(s), including full legal names and addresses
2. Background: Brief context of the rental agreement and property identification
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the rental property, including address and specific spaces included
5. Term of Lease: Duration of the rental agreement, start date, and type of tenancy (fixed-term or indefinite)
6. Rent: Monthly rent amount, payment terms, due dates, and payment methods
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Operating Costs and Utilities: Allocation of operating costs (Betriebskosten) and utilities between parties
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations
10. Use of Property: Permitted use of the property and any restrictions
11. Tenant Obligations: Key responsibilities and obligations of the tenant
12. Landlord Obligations: Key responsibilities and obligations of the landlord
13. Notice Requirements: Terms and conditions for termination and required notice periods
14. Keys and Security: Number of keys provided and security measures
15. Governing Law: Confirmation that the agreement is governed by German law
16. Signatures: Execution section for all parties
1. Pets: Rules regarding pet ownership, to be included if pets are allowed or specifically prohibited
2. Subletting: Terms for subletting or having additional occupants, if permitted
3. Renovation Agreement: Specific terms regarding planned renovations or improvements, if applicable
4. Parking: Terms for parking spaces or garage use, if included in the rental
5. Garden/Outdoor Space: Maintenance and use of garden or outdoor areas, if applicable
6. Commercial Use: Terms for any permitted commercial use, if applicable
7. Energy Efficiency: Specific provisions regarding energy efficiency measures and certificates
8. Shared Facilities: Rules for use of shared facilities in multi-unit buildings
9. Insurance Requirements: Specific insurance requirements beyond standard obligations
1. Schedule 1 - Property Condition Report: Detailed documentation of the property condition at move-in, including photos
2. Schedule 2 - House Rules: Building or complex-specific rules and regulations
3. Schedule 3 - Inventory List: List of furnishings and equipment included in the rental, if furnished
4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of operating costs and allocation method
5. Schedule 5 - Maintenance Schedule: Regular maintenance responsibilities and schedules
6. Appendix A - Energy Performance Certificate: Copy of the property's energy performance certificate
7. Appendix B - Floor Plan: Floor plan of the rental property
8. Appendix C - Heating Cost Allocation: Specific terms for heating cost calculation and billing
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Relevant Teams
Legal
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Asset Management
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Relevant Roles
Property Manager
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Real Estate Portfolio Manager
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