Fixed-term Lease Check: Tenants in Germany

When moving into an apartment with a fixed-term lease, tenants often have many questions: How long does the limitation apply, what termination rights exist and what obligations does the landlord have? This guide explains in clear language what to watch for in Germany, which clauses can be legally problematic and which steps you as a tenant should take immediately. You will learn which official forms and proofs are useful, how to document defects, which deadlines apply and when legal advice or the local court should be involved. The goal is to give you confidence when checking the contract and to effectively protect your tenant rights. Read the sample clauses and examples further down in the text.

What is a fixed-term lease?

A fixed-term lease is a tenancy with a set end date. In Germany the Civil Code (BGB) governs the rights and obligations arising from the tenancy^[1]. With fixed-term leases tenants should check whether the limitation is clearly worded and whether special rules for extension or early termination exist.

Key clauses to check

• Check the duration and the exact contract end date.
• Read termination and extension rules.
• Verify information on rent, utilities and the security deposit.
• Note renovation and cosmetic repair clauses.
• Check rules on replacement tenants and return procedures.
• Clarify rules on defects and their documentation.

Important official forms

• Termination letter (template from the Federal Ministry of Justice) — When: for ordinary or extraordinary termination; Example: Send a termination letter by registered mail if rent payments are missing.
• Justice forms and templates — When: for claims or applications (e.g. eviction claim); Example: A landlord files an eviction claim at the competent local court.

If a landlord breaches obligations or an eviction claim is threatened, court proceedings are possible; the Code of Civil Procedure (ZPO) governs proceedings before local and regional courts^[2]. Many tenancy disputes are heard at the local court; for fundamental legal questions regional courts or the Federal Court of Justice decide on precedent^[3].

FAQ

Can I terminate a fixed-term lease early?

Only if there is an explicit termination agreement in the contract or for a serious reason. Otherwise, the contract ends on the agreed date.

Do statutory notice periods apply to fixed-term leases?

With an agreed fixed term the statutory notice periods are usually excluded unless otherwise agreed.

Which wordings are often ineffective?

Unclear repair or cosmetic repair clauses and blanket exclusions of statutory rights can be ineffective.

How-To

1. Read the entire contract carefully and note unclear keywords.
2. Check deadlines, start and exact end date of the lease.
3. Secure all forms and attachments, especially handover protocols.
4. Document the apartment condition and defects with photos and dates.
5. If uncertain, contact legal advice or the local court early.
6. Keep all correspondence and receipts until at least the contract end date.

Key takeaways

• A fixed-term lease generally ends on the agreed date.
• Unclear clauses should be documented and possibly reviewed by a court.

Help and Support

• Gesetze im Internet: BGB (§§ 535–580a)
• Justice portal: information on local courts
• Federal Court of Justice: decisions and press

1. [1] Gesetze im Internet: BGB
2. [2] Gesetze im Internet: ZPO
3. [3] Justice portal: local courts