The Rental Lease Termination Agreement is a crucial document used in German property law when parties mutually agree to end a rental relationship outside of standard notice periods. It's primarily utilized when both landlord and tenant wish to formally document the early or agreed termination of their lease arrangement. The agreement must comply with the German Civil Code (BGB) and includes essential elements such as property handover procedures, security deposit return terms, and utility settlement arrangements. This document is particularly important in Germany's tenant-friendly legal system, where formal documentation of mutual agreement to terminate is vital for legal certainty. The agreement helps prevent future disputes by clearly outlining each party's responsibilities and obligations during the termination process.
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1. Parties: Identification of landlord and tenant with full legal names and addresses
2. Background: Reference to original lease agreement, property address, and lease term
3. Definitions: Key terms used in the agreement including 'Termination Date', 'Property', 'Security Deposit'
4. Termination Agreement: Mutual agreement to terminate the lease and specific termination date
5. Return of Property: Conditions for property handover, including cleaning requirements and accepted condition
6. Final Inspection: Process and timing for final property inspection and documentation
7. Security Deposit: Terms for security deposit return, including timeline and conditions
8. Final Utilities Settlement: Process for final meter readings and settlement of utility payments
9. Keys and Access Devices: Requirements for returning all keys and access devices
10. Forwarding Address: Tenant's obligation to provide forwarding address for future correspondence
11. Governing Law: Confirmation that the agreement is governed by German law
12. Signatures: Execution section for all parties
1. Outstanding Repairs: Include when there are specific repair obligations to be addressed before termination
2. Early Termination Fee: Include when the termination occurs before the original lease end date and includes compensation
3. Remaining Rent Payments: Include when there are specific arrangements for handling any remaining rent obligations
4. Property Modifications: Include when discussing restoration of any modifications made by tenant
5. Storage: Include when arrangements are needed for temporary storage of items post-termination
6. Pest Control: Include when specific pest control measures are required before move-out
7. Paint and Decoration: Include when there are specific requirements about restoration of walls and decorative elements
1. Schedule 1 - Property Condition Report: Detailed documentation of property condition at termination
2. Schedule 2 - Utility Meters Reading Form: Form for recording final utility meter readings
3. Schedule 3 - Inventory Checklist: List of landlord's fixtures and fittings to be checked during final inspection
4. Schedule 4 - Handover Protocol: Official protocol for recording the property handover process
5. Appendix A - Photographic Evidence: Photos documenting property condition at termination
6. Appendix B - Outstanding Payments Schedule: Detailed list of any outstanding payments or credits
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