Fixed-term Tenancies: Secure for Tenants in Germany
Fixed-term tenancy agreements are common in German metropolitan areas, especially when housing is scarce or projects require temporary arrangements. As a tenant, you should know under which conditions a fixed-term is legally permissible, how long deadlines run, and which rights you have in case of early termination or non-renewal. This article explains in plain language which clauses are permissible, what proof landlords must provide, and how to use official form templates to assert your rights. It also describes when immediate termination is possible, how rent reduction for defects works, and which courts are competent. Read on for practical steps, official forms and concrete examples for tenants in Germany. The guidance refers to applicable German law.
What is a fixed-term tenancy?
A fixed-term tenancy ends automatically on the agreed date without termination. Such contracts are permitted if there is an objective reason or if the tenancy is lawfully limited for residential purposes according to § 575 BGB. Relevant statutory provisions can be found in the German Civil Code (BGB)[1].
Rights and obligations of tenants
In principle, the usual duties from the lease apply even with a fixed term: payment of rent, tolerating necessary repairs and reporting defects. In case of defects, you can reduce the rent or demand remediation. In disputes, the rules of the Code of Civil Procedure apply for court actions in the competent court.[2]
When is a fixed term invalid?
A fixed term may be invalid if it is formally defective, lacks an objective reason, or violates the duty of good faith. Practically, this means: if a clear period is missing or the limitation is arbitrary, you should have the validity reviewed.
Practical steps for tenants
- Check deadlines: Read the contract start and end dates and extension rules carefully.
- Document evidence: Photograph defects, keep a defect log and save all correspondence.
- Use templates: Use official samples for termination or defect notices where available.
- Court action: In case of disputes, the local court (Amtsgericht) is usually competent; prepare written evidence.
If you want legally secure templates, find official forms and guidance at the Federal Ministry of Justice and Consumer Protection.
Examples of forms and templates
Important documents for tenants:
- Termination letter (template): Wording for ordinary or immediate termination; adapt personal data before sending.
- Defect notice: Describe the defect, date and requested deadline for repair and send by registered mail.
- Rent reduction calculation: Note defect extent, reduction amount and start of the reduction period.
FAQ
- When does a fixed-term tenancy end automatically?
- A fixed-term tenancy ends on the agreed date without further termination if no extension was agreed.
- Can a tenant terminate before the end?
- Only if the contract includes a right to terminate or if a serious reason exists that justifies immediate termination.
- Which courts deal with tenancy disputes?
- The local court (Amtsgericht) is usually responsible for first-instance matters; higher instances include the regional court and the Federal Court of Justice for legal questions.[3]
How-To
- Check the contract: Read deadlines, the reason for limitation and termination clauses carefully.
- Collect evidence: Document the apartment condition, defects and communication with the landlord.
- Use templates: Use official forms for termination or defect notices and send them with proof of delivery.
- Consider legal remedies: If a dispute arises, check deadlines and the court route; the local court is often the first instance.[4]
- Seek assistance: Contact advisory services or the competent court for procedure-specific questions.
Help and Support / Resources
- German Civil Code (BGB) full text
- Federal Ministry of Justice and Consumer Protection (forms & guidance)
- Justice Portal of the Federal States (local courts)
