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Fixed Tenancy Agreement Template for Germany

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Key Requirements PROMPT example:

Fixed Tenancy Agreement

"I need a Fixed Tenancy Agreement template in English for our corporate housing portfolio in Berlin, compliant with German law, that will be used for multiple properties and should include comprehensive operating costs provisions with standard corporate landlord protections."

Document background
This Fixed Tenancy Agreement template is designed for use in the German residential property market, where fixed-term contracts are subject to strict regulatory oversight. The document can only be used when specific legal justifications for a fixed term exist, as required by §575 of the German Civil Code (BGB). It contains all necessary provisions for a compliant residential lease, including detailed sections on rent calculation, utility costs, maintenance obligations, and tenant rights. The agreement is particularly relevant for situations where landlords have legitimate reasons for limiting the tenancy period, such as planned renovations or personal use of the property. It incorporates all mandatory tenant protections required under German law, making it suitable for both private and corporate landlords while ensuring full compliance with Germany's tenant-friendly legal framework.
Suggested Sections

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

2. Background: Context of the agreement and property description

3. Definitions: Key terms used throughout the agreement

4. Fixed Term: Duration of tenancy and legally required justification for fixed term under § 575 BGB

5. The Property: Detailed description of the rental property and included fixtures/fittings

6. Rent and Other Charges: Base rent amount, payment terms, and operating costs (Betriebskosten)

7. Security Deposit: Amount, payment terms, and handling of the security deposit

8. Landlord's Obligations: Maintenance, repairs, and other landlord responsibilities

9. Tenant's Obligations: Usage rules, maintenance duties, and other tenant responsibilities

10. Utilities and Operating Costs: Allocation of costs and billing procedures

11. Maintenance and Repairs: Detailed provisions for property maintenance and repair procedures

12. Access Rights: Conditions under which landlord may access the property

13. Insurance: Required insurance coverage for both parties

14. Termination: Conditions and procedures for contract termination

15. Return of Property: Conditions for property return and final inspection

16. Notices: Communication procedures between parties

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

Optional Sections

1. Pets: Rules regarding pet ownership, to be included if pets are allowed

2. Parking: Terms for parking space usage, if applicable

3. Garden Use: Rules for garden maintenance and use, if property includes garden

4. Shared Facilities: Rules for common areas in multi-unit buildings

5. Subletting: Terms for subletting, if permitted

6. Home Office Use: Provisions for professional use of living space, if allowed

7. Building Rules: Reference to specific building rules in multi-unit properties

8. Renovations: Special provisions for planned renovations or modernization

9. Energy Supply: Specific provisions for energy supply if tenant must contract directly with suppliers

Suggested Schedules

1. Schedule 1: Inventory List: Detailed inventory of furnished items and their condition

2. Schedule 2: House Rules: Specific rules of the building or housing complex

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

4. Schedule 4: Handover Protocol: Property condition documentation at the start of tenancy

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

6. Schedule 6: Maintenance Schedule: Regular maintenance responsibilities and intervals

7. Schedule 7: Plans and Photos: Property plans and photographic documentation

8. Schedule 8: Heating/Ventilation Instructions: Guidelines for proper heating and ventilation

9. Appendix A: Smoking Policy: Detailed rules regarding smoking, if applicable

10. Appendix B: Renovation Agreement: Specific agreements about current or future renovation work

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses

































Relevant Industries

Real Estate

Property Management

Residential Housing

Legal Services

Property Investment

Social Housing

Building Management

Facility Management

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Compliance

Administrative Support

Tenant Relations

Asset Management

Operations

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Letting Agent

Facility Manager

Property Administrator

Lease Administrator

Real Estate Investment Manager

Compliance Officer

Housing Director

Property Portfolio Manager

Tenant Relations Manager

Legal Administrator

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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