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Typical German lease clauses to watch for before signing visualisation

Typical German lease clauses to watch for before signing

Master the Essentials: Real Estate and Housing Vocabulary in German: Typical German lease clauses to watch for before signing

Typical German lease clauses to watch for before signing include the following:

  • Identification of parties with full names and addresses.
  • Detailed description of the rental property including exact size in square meters and room count.
  • Clear statement of rent amount, separated into cold rent (base rent) and warm rent (includes additional costs), with payment details.
  • Deposit clause, usually up to three times the cold rent.
  • Specification of the type of tenancy (fixed-term or open-ended) with clear start and end dates for fixed-term contracts and valid reasons for term limitation.
  • Termination clauses including notice periods (legally mandatory three months for tenants, longer for landlords under specific conditions).
  • House rules or “Hausordnung” detailing tenant behavior expectations such as quiet hours, waste separation, and smoking.
  • Clauses about subletting restrictions, usually requiring landlord’s written consent.
  • Rules about use of premises for residential or commercial purposes.
  • Any clauses regarding rent increases, which must comply with legal limits (e.g., no more than 20% in three years).
  • What ancillary costs are covered and how they are billed.
  • Obligations for tenants regarding minor repairs, alterations, and pets (some restrictions or rules may be invalid under German law).

Additionally, some standard clauses that are often found but may be invalid include mandatory private liability insurance, restrictions on tenant notice periods beyond legal minimum, or prohibitions against small pets.

It is essential to carefully check all contract information like property size, rental amounts, dates, and specific rules to avoid surprises after signing. Tenants have legal protections, such as the right to terminate with three months’ notice in open-ended contracts and limits on rent increases. 1, 2, 3

If needed, further specific details or examples of typical clauses can be provided.

References

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