Fixed-Term Leases for Tenants in Germany

Many tenants in Germany are offered fixed-term leases and are unsure what rights and obligations follow. This text explains in practical terms what tenants should watch for: which legal foundations apply, how to draft legally secure sample clauses, which deadlines are important, and how to document defects. I describe concrete wordings, examples for termination or takeover agreements and when resolving matters before the local court is sensible. The goal is that you as a tenant make informed decisions, minimize risks and present strong documentation in disputes. The language remains understandable; technical terms are explained so you can assert your rights in Germany with confidence. At the end you will find a short template for fixed-term contracts and evidence preservation tips.

What is a fixed-term lease?

A fixed-term lease sets a clear end date for the tenancy. In Germany, a fixed term is only valid under certain conditions; central regulations can be found in the Civil Code, especially §575 BGB.^[1] For tenants it is important: an objective justification may be required, and automatic renewals without a new agreement can be problematic.

Legal foundations and practical consequences

The tenancy law in §§ 535–580a BGB regulates landlord and tenant obligations, rent reduction, cosmetic repairs and termination protection.^[2] Court proceedings follow the rules of the Code of Civil Procedure.^[3] Important precedents are decided by the Federal Court of Justice (BGH).^[4]

Sample clauses: Wording for tenants

Below are two simple sample clauses you can use as a starting point. Adapt the wording to your case and note dates and signatures of both parties.

Fixed-term rental with objective reason

"The lease is concluded for a fixed term until 31.12.2026. The fixed term is due to the landlord's legitimate interest (e.g. own use after the expiry of the fixed term). An extension requires the written consent of both parties."

Fixed-term rental without explicit reason (only under conditions)

"The lease is fixed-term until 30.06.2025. The tenant agrees that the tenancy ends on that date without special termination. The landlord confirms that the requirements of §575 BGB are met."

What tenants should pay attention to

• Check the justification for the fixed term and request a written explanation if desired.
• Record deadlines and dates in your calendar and make a copy of the contract.
• Document defects immediately with dated photos to support later rent reductions.
• Agree on possible replacement tenant or takeover arrangements in writing.

When reporting defects, do so in writing by email or registered mail and request a deadline for repair. This creates clear evidence.

How-To

1. Document defects immediately (photos, date, short description, witnesses) and store the files securely.
2. Send a written defect notice or a termination/objection letter (form or text) to the landlord and request a deadline for remedy.
3. Observe deadlines: respond within set time limits or those stated in your contract to avoid losing rights.
4. If no agreement is possible, prepare documents for the local court and check forms for a claim or payment order.^[5]

FAQ

Is a fixed term always valid?

No. A fixed term must be legally justified; §575 BGB regulates typical cases such as own use or restrictions on use.^[1]

What happens when the lease ends without renewal?

The tenancy ends on the agreed date. Without a new agreement you must vacate the apartment, otherwise the landlord can file an eviction claim.

Can I challenge an invalid fixed term?

Yes. If the fixed term is invalid, the contract is considered indefinite. In case of dispute the local court can decide; observe rules on evidence and deadlines.

Key Takeaways

• Examine every fixed term carefully for justification and formality.
• Documentation (photos, emails, receipts) strengthens your case in disputes.
• Use written agreements for extensions or takeovers.

Help and Support / Resources

• Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
• Bundesgerichtshof (BGH) – Decisions
• Justiz Portal – Forms for civil procedures

1. [1] §575 BGB (Fixed-term leases) – gesetze-im-internet.de
2. [2] BGB §§535–580a (Tenancy law) – gesetze-im-internet.de
3. [3] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
4. [4] Federal Court of Justice (BGH) – bundesgerichtshof.de
5. [5] Justice Portal: Forms for claims/payment orders – justiz.de