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Small Lease Agreement for Germany

Small Lease Agreement Template for Germany

A German Small Lease Agreement (Mietvertrag) is a legally binding document governed by the German Civil Code (B眉rgerliches Gesetzbuch - BGB) that establishes the terms and conditions for the rental of residential or small commercial property in Germany. This document outlines the fundamental aspects of the landlord-tenant relationship, including rent payments, maintenance responsibilities, utility costs, and termination provisions. It incorporates specific German legal requirements such as the Heating Costs Ordinance (Heizkostenverordnung) and Operating Costs Ordinance (Betriebskostenverordnung), ensuring compliance with German tenancy law while protecting the interests of both parties.

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What is a Small Lease Agreement?

The Small Lease Agreement serves as a fundamental legal instrument in the German property rental market, designed for both residential and small commercial leases. This document type is essential when establishing a formal rental relationship under German law, particularly for properties where the lease terms are relatively straightforward. The agreement must comply with the German Civil Code (BGB) and related regulations, making it more structured than lease agreements in many other jurisdictions. A Small Lease Agreement typically includes provisions for rent payment, utility costs, maintenance obligations, and termination conditions, while incorporating specific German legal requirements such as the strict tenant protection laws and operating cost regulations. It's commonly used by individual landlords, small property management companies, and real estate agents for standard rental situations where a more complex commercial lease would be unnecessary.

What sections should be included in a Small Lease Agreement?

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

2. Background: Brief context of the lease arrangement

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the rental property including address and specific areas included

5. Term and Commencement: Duration of the lease and start date

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

7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

8. Operating Costs (Betriebskosten): Allocation of operating costs between landlord and tenant

9. Maintenance and Repairs: Responsibilities for maintenance and repairs

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

11. Insurance: Required insurance coverage for both parties

12. Termination: Conditions and notice periods for termination

13. Return of Property: Conditions for property return at lease end

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

What sections are optional to include in a Small Lease Agreement?

1. Subletting: Include when subletting might be permitted under specific conditions

2. Pets: Include when addressing whether pets are allowed and under what conditions

3. Renovation and Modifications: Include when specific renovation rights or restrictions need to be addressed

4. Parking: Include when parking spaces are part of the lease

5. Garden Use: Include when the property includes garden access or maintenance obligations

6. Heating System Obligations: Include when specific heating system responsibilities need to be defined

7. Commercial Use: Include when minor commercial use might be permitted

8. Keys and Security: Include when specific key and security arrangements need to be detailed

What schedules should be included in a Small Lease Agreement?

1. Schedule 1 - Property Condition Report: Detailed documentation of property condition at handover

2. Schedule 2 - House Rules (Hausordnung): Building rules and regulations

3. Schedule 3 - Operating Costs Breakdown: Detailed list of operating costs and allocation method

4. Schedule 4 - Inventory List: List of any furnishings or equipment included in the lease

5. Schedule 5 - Energy Performance Certificate: Mandatory energy efficiency documentation

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

7. Appendix A - Handover Protocol: To be completed at move-in, documenting property condition and meter readings

8. Appendix B - SEPA Direct Debit Authorization: Optional form for automatic rent payment setup

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

Small Business

Retail

Professional Services

Property Investment

Facilities Management

Relevant Teams

Legal

Property Management

Real Estate

Compliance

Facilities Management

Administrative Support

Contract Administration

Asset Management

Operations

Tenant Relations

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Compliance Officer

Facilities Manager

Housing Administrator

Real Estate Investment Manager

Property Administrator

Tenant Relations Manager

Contract Administrator

Real Estate Portfolio Manager

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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