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Residential Real Estate Lease Template for Germany

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Key Requirements PROMPT example:

Residential Real Estate Lease

"I need a Residential Real Estate Lease agreement for a furnished 2-bedroom apartment in Berlin, starting March 1, 2025, with specific clauses for short-term rental (1 year), including inventory list and provisions for remote property management."

Document background
This Residential Real Estate Lease agreement is designed for use in Germany when letting residential property to tenants. The document incorporates mandatory provisions required under German law, particularly the German Civil Code (BGB) §§ 535-577a, and addresses specific German market requirements such as the 'Mietpreisbremse' (rent control) regulations where applicable. It is suitable for both private landlords and property management companies, covering apartments, houses, and other residential units. The agreement includes comprehensive provisions for rent, operating costs, maintenance obligations, and statutory notice periods, while ensuring compliance with tenant protection laws that are particularly strong in German jurisdiction. This template should be customized based on the specific property type, location (as some regulations vary by municipality), and whether the property is part of a larger housing complex.
Suggested Sections

1. Parties (Vertragsparteien): Identification of landlord and tenant(s) with full legal names and addresses

2. Background (Vorbemerkung): Brief description of the property and purpose of the lease

3. Definitions (Begriffsbestimmungen): Key terms used throughout the agreement

4. Rental Property (Mietobjekt): Detailed description of the rental property, including address, size, rooms, and included features

5. Lease Term (Mietdauer): Duration of the lease, whether fixed-term or indefinite, and start date

6. Rent and Deposits (Miete und Kaution): Base rent amount, security deposit, payment terms, and due dates

7. Operating Costs (Betriebskosten): Allocation of operating costs and utilities between parties

8. Maintenance and Repairs (Instandhaltung und Reparaturen): Responsibilities for maintenance, repairs, and renovations

9. Use of Property (Nutzung der Mietsache): Permitted use, occupancy rules, and restrictions

10. Tenant Obligations (Pflichten des Mieters): Key responsibilities of the tenant including maintenance, reporting damages

11. Landlord Obligations (Pflichten des Vermieters): Key responsibilities of the landlord including maintenance of common areas

12. Termination (Kündigung): Notice periods and conditions for termination by either party

13. Return of Property (Rückgabe der Mietsache): Conditions for property return and final inspection

14. Final Provisions (Schlussbestimmungen): Severability clause, jurisdiction, and form requirements

Optional Sections

1. Pets (Tierhaltung): Rules regarding pet ownership, used when pets are allowed or specifically prohibited

2. Subletting (Untervermietung): Terms for subletting, if permitted

3. Garden Use (Gartennutzung): Rules for garden maintenance and use, applicable for properties with gardens

4. Parking (Stellplatz/Garage): Terms for parking space or garage use, if included

5. Commercial Use (Gewerbliche Nutzung): Provisions for home office or small business use, if permitted

6. Renovation Schedule (Renovierungsplan): Specific schedule for planned renovations, if already known

7. Shared Facilities (Gemeinschaftseinrichtungen): Rules for using shared facilities in multi-unit buildings

8. Energy Supply (Energieversorgung): Special provisions regarding energy supply and heating systems

Suggested Schedules

1. House Rules (Hausordnung): Detailed rules for property use and communal living

2. Property Handover Protocol (Übergabeprotokoll): Detailed condition report of the property at handover

3. Operating Costs Breakdown (Betriebskostenaufstellung): Detailed list of operating costs and their allocation

4. Floor Plan (Grundriss): Floor plan of the rental property

5. Energy Performance Certificate (Energieausweis): Mandatory energy efficiency rating document

6. Inventory List (Inventarliste): List of furnished items if property is rented furnished

7. Maintenance Schedule (Wartungsplan): Schedule for regular maintenance of installations and equipment

8. Signature Protocol (Unterschriftenblatt): Separate signature page for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Property Investment

Legal Services

Property Development

Social Housing

Property Insurance

Facility Management

Relevant Teams

Legal

Real Estate

Property Management

Residential Leasing

Compliance

Operations

Asset Management

Tenant Relations

Contract Administration

Property Services

Document Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Leasing Manager

Housing Officer

Facility Manager

Property Administrator

Compliance Officer

Real Estate Investment Manager

Tenant Relations Manager

Property Portfolio Manager

Housing Association Manager

Real Estate Legal Associate

Residential Property 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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