Adjust Fixed-term Leases – Tenants in Germany

Many tenants in Germany face the question of how fixed-term leases can be adjusted and what rights they have. This article clearly explains when an adjustment is possible, which deadlines and formal requirements apply, and how the BGB (Sections 535–580a) and local courts decide in such cases.^[1] You will receive practical steps for negotiating with the landlord, tips for documenting defects, and information on terminating or extending fixed-term contracts. The goal is for you as a tenant to know your options, meet deadlines, and use appropriate forms to protect your interests. We also list official forms, show examples of termination letters, and explain when taking the matter to the local court is sensible.

What applies to fixed-term leases?

Fixed-term leases are permitted if the contract or law names an objective reason or another agreement provides for it. The basic rules of tenancy law are found in the BGB (Sections 535–580a).^[1] In case of uncertainty, the local court often decides on the interpretation of the fixed-term and the admissible reason.^[2]

Rights and obligations

• Written form: Fixed-term agreements and termination clauses should always be recorded in writing.
• Purpose limitation: If the fixed-term is tied to a specific purpose, check whether that purpose still exists.
• Deadlines: Pay attention to deadlines for extension or termination in the contract and in the BGB.

Practical steps for tenants

• Documentation: Gather the lease, correspondence, photos of defects, and payment receipts.
• Written request to the landlord: Request adjustments or extensions in writing and set a deadline.
• Observe deadlines: Respond within contractual or legal deadlines to avoid losing rights.
• In case of dispute: Involve the local court and consider filing a claim; get informed about the procedure.^[2]

FAQ

Can a fixed-term lease be extended?

Yes, an extension is possible if landlord and tenant agree or specific contractual rules provide for it. If no agreement is reached, court clarification may be necessary.

What can I do if the landlord demands an adjustment?

Check the contract and the justification, document all circumstances, and respond in writing. If necessary, set deadlines and seek advice.

Which official forms exist for termination and claims?

There are templates for termination letters and forms for claims at the local court provided by official authorities; use these templates for correct wording.^[3]

How-To

1. Check the lease for fixed-term provisions, termination clauses, and deadlines.
2. Note relevant deadlines and set reminders so you can act in time.
3. Draft a written request or termination letter and send it to the landlord with proof of delivery.
4. If a dispute arises, file the claim with the competent local court and present your documentation.

Key Takeaways

• Fixed-term clauses are often interpreted narrowly; inspect the contract closely.
• Written documentation and meeting deadlines are critical for success.
• For disputes, the local court is the first instance for tenancy matters.

Help and Support

• BGB Sections 535–580a (Gesetze im Internet)
• Information on local courts (justiz.de)
• Forms and templates (Federal Ministry of Justice)

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Justizportal – local courts and responsibilities
3. [3] Federal Ministry of Justice – forms and templates