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Periodic Lease Agreement for Germany

Periodic Lease Agreement Template for Germany

A comprehensive rental agreement governed by German law that establishes an ongoing tenancy relationship between a landlord and tenant. This document complies with the German Civil Code (BGB) requirements and includes detailed provisions for rent payment, property maintenance, utility costs, and tenant/landlord obligations. It incorporates specific German legal requirements such as the Operating Costs Ordinance (Betriebskostenverordnung) and Energy Saving Ordinance (Energieeinsparverordnung), while providing clear terms for the periodic continuation of the lease and notice requirements.

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What is a Periodic Lease Agreement?

The Periodic Lease Agreement (periodischer Mietvertrag) is a standardized legal document used in Germany for establishing long-term rental relationships between landlords and tenants. This agreement is particularly suitable for situations where an indefinite rental period is desired, with specific provisions for termination notice periods as required by German law. The document comprehensively covers all aspects required by the German Civil Code (BGB), including rent payments, security deposits, maintenance obligations, and operating costs allocation. It's designed to protect both landlord and tenant interests while ensuring compliance with German tenancy law, including mandatory provisions regarding rent increases, property maintenance, and utility cost calculations. The agreement's periodic nature means it continues indefinitely until terminated by either party according to statutory notice requirements.

What sections should be included in a Periodic Lease Agreement?

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

2. Background: Brief context of the rental arrangement and property identification

3. Definitions: Key terms used throughout the agreement

4. Rental Property: Detailed description of the rental property, including address and specific spaces included

5. Lease Term: Duration of the lease and provisions for periodic continuation

6. Rent and Security Deposit: Rent amount, payment terms, and security deposit arrangements as per Section 551 BGB

7. Operating Costs and Utilities: Allocation of operating costs and utilities according to BetrKV

8. Maintenance and Repairs: Responsibilities for maintenance and repairs of the property

9. Use of Property: Permitted use of the property and restrictions

10. Landlord's Rights and Obligations: Key responsibilities and rights of the landlord under German law

11. Tenant's Rights and Obligations: Key responsibilities and rights of the tenant under German law

12. Notice Requirements: Terms and conditions for giving notice by either party

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

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

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

2. Subletting: Terms for subletting, if permitted by the landlord

3. Decorative Repairs: Specific arrangements for interior decorating and renovations

4. Garden Maintenance: Include for properties with gardens, defining maintenance responsibilities

5. Parking: Terms for parking spaces or garage use, if applicable

6. Business Use: Include if any business activities are permitted in the property

7. Shared Facilities: Rules for shared facilities in multi-unit buildings

8. Energy Performance: Specific provisions related to energy efficiency measures and requirements

What schedules should be included in a Periodic Lease Agreement?

1. Schedule 1 - Property Condition Report: Detailed documentation of the property's condition at the start of tenancy

2. Schedule 2 - Inventory List: List of furniture and equipment provided with the property

3. Schedule 3 - House Rules: Building or community rules applicable to the property

4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of operating costs and their allocation

5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

6. Appendix A - Energy Performance Certificate: Copy of the property's energy performance certificate

7. Appendix B - Floor Plan: Detailed floor plan of the rental property

8. Appendix C - Heating Cost Allocation: Specific details about heating cost calculation and distribution

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions































Clauses


































Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Property Investment

Facility Management

Property Development

Relevant Teams

Legal

Real Estate

Property Management

Facility Management

Tenant Relations

Compliance

Asset Management

Administrative Services

Operations

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Administrator

Facility Manager

Leasing Manager

Real Estate Investment Manager

Property Administrator

Tenant Relations Manager

Compliance Officer

Real Estate Portfolio Manager

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

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