Fixed-term lease extension: Checklist for Tenants in Germany
What is a fixed-term lease?
A fixed-term lease is a rental agreement with a set duration. At the end it normally terminates automatically unless an extension is agreed or special rules apply. The general provisions of the BGB govern the rights and obligations, especially regarding rental use and maintenance.[1]
What tenants should watch for when extending
Before extending, systematically check which conditions change, which deadlines apply and whether the reason for the fixed term still exists. Clear wording protects against later misunderstandings.
- Check deadlines: Control and note termination and extension deadlines in the contract.
- Clarify rent: Check whether step rents or index rents are agreed and how payments change.
- Forms & correspondence: Record all agreements in writing and date contracts.
- Condition & repairs: Document existing defects and clarify who is responsible for repairs.
- Collect evidence: Keep photos, emails and handover protocols to secure your position.
Important forms and examples
Typical documents and examples tenants should know:
- Termination letter (model from the respective ministry): Used if you do not agree to an extension or want to end the tenancy at the contract end; send by registered mail or other provable delivery and note the date. Example: "Termination of the tenancy as of 30.06.20XX" with signature and date.
- Extension agreement (written form): If landlord and tenant agree, the new term should be clearly stated, whether termination rights exist and how the rent changes. Example: "Extension until 31.12.20XX with monthly rent of X euros."
- Handover protocol: When changing or extending the contract, record defects and have both parties sign to avoid later disputes.
Practical negotiation and documentation steps
Prepare for an extension, negotiate calmly and document everything important.
- Note deadlines: Enter all relevant dates in your calendar, such as deadlines for responses.
- Preparation: Write down your goals and compromise points, e.g. duration or renovation responsibilities.
- Communication: Keep negotiation notes and send important agreements in writing.
- Secure documents: Scan and store signed agreements and receipts.
Frequently Asked Questions
- Can a fixed-term lease be extended?
- Yes, if landlord and tenant voluntarily agree to an extension; the new agreement should be in writing so that duration and termination rights are clear.
- Which deadlines do I need to watch?
- Pay attention to contractually agreed deadlines to declare an extension or to terminate; without a written agreement the statutory rules of the BGB apply.[1]
- Where do I go in case of dispute?
- For legal disputes the local court (Amtsgericht) has jurisdiction; for more complex legal questions the regional courts and possibly the Federal Court of Justice decide.[2]
How-To
- Review the contract: Read duration, reason for the fixed term and deadlines carefully.
- Confirm rent: Check whether and how rent will be adjusted upon extension.
- Get it in writing: Request a signed extension agreement or a countersigned termination letter.
- Collect evidence: Create a handover protocol and photograph defects.
- Act on disputes: Check deadlines and, if necessary, file a claim at the local court.[2]
Key Takeaways
- Tip: Always get extensions in writing.
- Tip: Documentation (photos, protocols) protects you in disputes.
- Tip: Check deadlines early to avoid losing rights.
Help and Support
- BGB §§535–580a: Regulations on tenancy law
- ZPO: Civil procedure rules for legal actions
- Federal Court of Justice: Case law on tenancy