Fixed-Term Leases: Tenant Rights in Germany

Many tenants in German metropolitan areas ask what a fixed-term lease means in practice. As a tenant you should know which rights and obligations arise from a fixed-term tenancy, how notice periods work and when an extension is possible. This text explains in plain language which rules the Civil Code (BGB) provides ^[1], how defects are reported, what consequences a fixed term has for security deposit and rent payments, and when a court may become involved. The guidance helps to avoid disputes and protect your rights in Germany without legal prior knowledge. At the end you will find a practical how-to, relevant forms and the competent courts.

What is a fixed-term lease?

A fixed-term lease (time-limited tenancy) sets a specific end date for the tenancy. Unlike an open-ended tenancy, the right to use the apartment usually ends automatically on the agreed date unless an extension is agreed. Often the time limitation must be validly agreed and justified in writing, for example with graduated rents or when the landlord has a legitimate interest.

Tenant rights and obligations

As a tenant you retain usual protections even under fixed-term contracts: the landlord's duty to maintain, the right to reduce rent for significant defects and protection against arbitrary termination. Check your contract carefully for extension clauses and wording about ordinary and extraordinary termination.

• Check deadlines and term (deadline): when the tenancy ends and which deadlines apply for extension or objection.
• Termination and formal requirements (form): how a notice must be structured and which conditions apply.
• Report and document defects (repair): how to initiate repairs and what rights exist for heating or water outages.
• Deposit and payments (rent): return of the deposit and final accounting at the end of the contract.
• Legal steps in disputes (court): when proceedings at the local court are necessary and how lawsuits proceed ^[2].

Termination, extension and subletting

Even with fixed-term leases special termination rights are possible, e.g. for severe defects or if landlord and tenant agree otherwise. Watch for extension clauses and agreements on finding replacement tenants.

Defects and rent reduction

If the apartment has defects that impair usability, you should notify the landlord in writing, set a deadline for repair and document the defect. If repairs do not occur, rent reduction may be appropriate; the amount depends on the extent of impairment.

• Collect evidence (evidence): photos, dates and written defect notices.
• Report in writing (form): always notify defects by letter or email and set deadlines.
• Set a deadline and expect remediation (repair): specify a deadline and note any missed deadlines.

Courts and jurisdiction

Rental disputes are usually heard first at the local court (Amtsgericht); appeals go to the regional court (Landgericht), and the Federal Court of Justice may decide on fundamental questions ^[3]. If you need to defend against an eviction claim or file a suit, inform yourself early about procedures and deadlines.

FAQ

Can a fixed-term lease be terminated before its end?

Generally a time-limited tenancy ends on the agreed date; ordinary termination before the end is only possible if agreed in the contract or legally provided for.

What rights do I have for defects during a fixed-term tenancy?

You have the right to remediation, can set a deadline for repair, and may reduce rent for significant impairment.

Which court is responsible for rental disputes?

Rental disputes are first heard at the local court; higher instances are the regional court and the Federal Court of Justice.

How-To

1. Carefully check the contract for term, extension clauses and deadlines.
2. Document defects with date and photos and send a written defect notice to the landlord.
3. Set a reasonable deadline for remediation and consider announcing rent reduction if necessary.
4. Seek legal advice or contact a counseling center before filing a lawsuit.

Help and Support / Resources

• BGB §§ 535–580a – Gesetze im Internet
• Information on local courts (justiz.de)
• Federal Court of Justice (BGH)

1. [1] BGB §§ 535–580a – Gesetze im Internet
2. [2] Jurisdiction of local courts – Justizportal
3. [3] Federal Court of Justice – Decisions