Fixed-term Tenancy Check: Tenants in Germany
A fixed-term tenancy limits the rental relationship to a defined period. For tenants in Germany this means: read the contract carefully, check duration, deadlines and termination rules, and verify whether a lawful reason is stated. This guide shows practical checks, how to document defects, when rent reductions may apply and which steps are necessary in a dispute. It contains advice for written notices to the landlord, examples of termination letters and a brief overview of eviction proceedings at the local court. At the end you will find a FAQ, a clear step-by-step how-to and official links to laws and forms so you as a tenant in Germany remain able to act.
What is a fixed-term tenancy?
A fixed-term tenancy sets a specific end date for the rental relationship, for example for project work, temporary student rentals or professional assignments. Fixed-term agreements are common in Germany but are only legally permissible if they meet the requirements of the Civil Code, especially regarding form and any factual reasons.[1]
Key checks for tenants
- Check the contract duration and exact end dates and note relevant deadlines.
- Review termination rules and whether written form is required (Civil Code §568).
- Document defects immediately with photos and dates and request repairs in writing.
- Keep a log of communications, appointments and payments as evidence.
- Check deposit amounts and utility cost statements.
- Note which local court is responsible for disputes and applicable deadlines.[2]
- Use advisory services or the relevant judicial authority if in doubt.
Forms & templates
Important forms or templates tenants should know:
- Termination letter (tenant): A signed written termination is usually sufficient; include name, address, rental property and termination date. Example: "I hereby terminate the tenancy for Apartment X at Street Y effective on DD.MM.YYYY." See statutory form requirements in the Civil Code.
- Defect notice / deadline setting: Describe the defect with date, request repair and set a reasonable deadline (e.g. 14 days).
- Eviction claim / complaint at the local court: If the landlord sues or eviction is threatened, the complaint is filed at the competent local court; civil procedure rules apply.[2]
- Housing entitlement certificate (WBS): If relevant for subsidised housing, apply for the WBS at the responsible authority (application procedures vary by state).[3]
What to do in conflicts?
Start with a clear written request to the landlord: describe the defect, set a deadline for repair and state the intended legal consequence (e.g. rent reduction or legal action). If the landlord does not respond, seek legal advice and prepare your documents for the local court. Mediation or tenant advice services are often helpful; in important precedent cases the Federal Court of Justice decides.[4]
FAQ
- Can I terminate a fixed-term tenancy early?
- Only if the contract allows ordinary termination, if there is an extraordinary reason, or if landlord and tenant agree on a solution.
- What should I do if the apartment has defects?
- Document the defect, inform the landlord in writing, set a reasonable deadline for remedy and consider a rent reduction.
- Does the landlord need a reason for a fixed-term tenancy?
- Yes, fixed-term tenancies may require a permissible factual reason; check the contract details and legal admissibility.
How-To
- Read the contract: Note start, end and termination rules.
- Collect evidence: Document photos, messages, payments and dates.
- Notify in writing: Report the defect and set a deadline (e.g. 14 days).
- Allow repair time: If nothing happens, calculate and consider rent reduction.
- Legal steps: As a last resort, file a claim at the local court with all records.
Help and Support
- Civil Code (BGB) – Official law texts
- Code of Civil Procedure (ZPO) – Court procedure information
- Federal Service Portal – Forms and authority contacts
