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Flat House Sharing Agreement for Germany

Flat House Sharing Agreement Template for Germany

A German Flat House Sharing Agreement (Wohngemeinschaft-Vertrag) is a legally binding document that establishes the terms and conditions for shared living arrangements in residential properties within Germany. This agreement is governed by German Civil Code (BGB) provisions, particularly §§ 535-558 regarding residential tenancies, and addresses key aspects such as rent allocation, utility costs, common area usage, maintenance responsibilities, and house rules. It includes specific provisions required under German law for residential tenancies while accommodating the unique dynamics of shared living arrangements.

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What is a Flat House Sharing Agreement?

The Flat House Sharing Agreement (Wohngemeinschaft-Vertrag) is essential for formalizing shared living arrangements in Germany, commonly used in urban areas and university cities. This document is crucial when multiple unrelated individuals share a single residential unit, whether through direct rental from a landlord or subletting arrangements. It complies with German tenancy law requirements while addressing practical aspects of communal living such as shared costs, maintenance responsibilities, and house rules. The agreement is particularly relevant in today's housing market where shared living is increasingly common among students, young professionals, and urban residents. It provides legal protection for all parties involved and helps prevent potential conflicts by clearly defining rights, responsibilities, and cost allocations in accordance with German legal requirements.

What sections should be included in a Flat House Sharing Agreement?

1. Parties: Identification of all flatmates and, if applicable, the main tenant or landlord

2. Background: Brief context of the shared living arrangement and property details

3. Definitions: Key terms used throughout the agreement including 'Common Areas', 'Private Rooms', 'Utilities', etc.

4. Property Details: Specific description of the property, address, and included facilities

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

6. Rent and Payments: Rent amount, payment schedule, and method of payment

7. Security Deposit: Amount, payment terms, and conditions for return

8. Utility Costs and Operating Expenses: Division of costs for utilities, internet, and other shared expenses

9. Use of Property: Rules regarding common areas and private rooms

10. Maintenance and Repairs: Responsibilities for cleaning, maintenance, and repairs

11. House Rules: Basic rules for shared living including quiet hours, guests, smoking policy

12. Termination: Notice periods and conditions for termination

13. Liability and Insurance: Responsibility for damages and required insurance

14. Miscellaneous Provisions: Additional legal provisions including governing law and severability

What sections are optional to include in a Flat House Sharing Agreement?

1. Subletting Provisions: Required when one tenant is the main tenant subletting to others

2. Pet Provisions: Include when pets are allowed in the property

3. Parking Arrangements: Include when parking spaces are available and need to be allocated

4. Study/Work From Home Rules: Include for properties where home office use needs to be regulated

5. Special Usage Rights: Include when certain areas or facilities have specific usage arrangements

6. Energy Efficiency Clause: Required for properties with specific energy efficiency requirements or certifications

7. Historic Building Provisions: Include when the property is under monument protection

What schedules should be included in a Flat House Sharing Agreement?

1. Schedule 1: Inventory List: Detailed list of furniture and equipment provided in common areas and private rooms

2. Schedule 2: Condition Report: Documentation of property condition at move-in

3. Schedule 3: House Rules: Detailed house rules including cleaning schedule, guest policies, etc.

4. Schedule 4: Utility Cost Allocation: Detailed breakdown of how utility costs are calculated and divided

5. Schedule 5: Floor Plan: Layout of the property showing private and common areas

6. Appendix A: Registration Form: Template for local authority registration (Meldezettel)

7. Appendix B: Handover Protocol: Document to be completed at move-in and move-out

8. Appendix C: Energy Performance Certificate: Copy of the property's energy certificate (Energieausweis)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use

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