This New Tenancy Agreement template is designed for use in the German residential property market, conforming to the requirements of the German Civil Code (BGB) and related housing legislation. It serves as the primary legal document establishing a new residential tenancy relationship between landlord and tenant. The agreement covers all essential aspects required by German law, including detailed property description, rent and deposit arrangements, operating costs allocation, maintenance responsibilities, and termination provisions. It is particularly relevant for both private landlords and property management companies seeking to establish new tenancy relationships in compliance with German residential tenancy laws. The document incorporates recent legislative requirements regarding energy efficiency, operating costs calculations, and data protection, making it suitable for current use in the German property market.
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1. Parties: Identification and contact details of the landlord and tenant(s)
2. Background: Brief context of the rental arrangement and property overview
3. Definitions: Key terms used throughout the agreement
4. Rental Property: Detailed description of the rental property including address, size, rooms, and included fixtures
5. Rental Period: Term of the tenancy, specifying whether fixed-term or indefinite
6. Rent and Deposits: Monthly rent amount, security deposit, and payment terms
7. Operating Costs (Betriebskosten): Breakdown of additional costs and utilities, including heating and service charges
8. Use of Rental Property: Permitted use of the property and basic tenant obligations
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations
10. House Rules: Basic rules regarding noise, cleaning, waste disposal, and common areas
11. Keys and Security: Number of keys provided and handling of security measures
12. Notice Requirements: Terms and conditions for termination by either party
13. Final Provisions: Severability clause, amendments, and applicable law
1. Pets: Rules regarding pet ownership - include if pets are allowed
2. Subletting: Terms for subletting - include if subletting is permitted
3. Garden Maintenance: Include for properties with gardens or outdoor spaces
4. Parking: Include if parking spaces are part of the rental
5. Business Use: Include if any business activities are permitted in the property
6. Renovation Schedule: Include if specific renovation works are planned
7. Smart Home Features: Include if property has special technical installations
8. Energy Supply: Include if tenant must contract with specific energy providers
1. Handover Protocol (Übergabeprotokoll): Detailed condition report of the property at handover
2. Operating Costs Breakdown: Detailed list of all operating costs and their calculation method
3. House Rules (Hausordnung): Complete set of house rules, especially important for multi-unit buildings
4. Energy Performance Certificate: Copy of the property's energy performance certificate
5. Floor Plan: Detailed floor plan of the rental property
6. Inventory List: List of any furniture or equipment included in the rental
7. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
8. SEPA Direct Debit Mandate: Authorization for automatic rent collection if applicable
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Residential Housing
Property Investment
Legal Services
Property Development
Social Housing
Student Accommodation
Relevant Teams
Legal
Property Management
Real Estate
Operations
Residential Lettings
Contract Administration
Facility Management
Tenant Relations
Property Administration
Asset Management
Relevant Roles
Property Manager
Letting Agent
Real Estate Agent
Legal Counsel
Housing Officer
Facility Manager
Property Administrator
Tenancy Relations Officer
Real Estate Investment Manager
Property Portfolio Manager
Residential Leasing Manager
Housing Coordinator
Legal Administrator
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