Fixed-term Tenancy for Tenants in Germany
A fixed-term tenancy sets a limited duration for the rental relationship and can be a good option for tenants with moving plans or temporary projects. In Germany, special rules apply to such contracts: deadlines, restrictions on termination and clear agreements on rent, utilities and deposit are important. This guide explains in plain language what tenants should pay attention to when signing, which clauses are typically included and which official laws and courts are responsible for disputes. It also shows how to document defects, which forms may be relevant and how to prepare for deadlines in good time so that moving in and ending the tenancy proceed securely and without surprises.
What is a fixed-term tenancy?
A fixed-term tenancy (befristeter Mietvertrag) limits the rental relationship to a clearly agreed period. Unlike open-ended tenancies, it ends automatically at the end of the term unless an extension is agreed. Legal bases can be found in the German Civil Code (BGB) and in relevant case law.[1]
Fixed-term tenancies generally end with the agreed duration without the need for termination.
Important points when moving in
- Note duration and termination deadlines clearly and record them in writing.
- Check rent, utilities and due dates precisely and record them in the contract.
- Clarify deposit amount, payment method and repayment terms.
- Photograph the condition of the apartment at handover and create an inventory protocol.
- Record rules on key handover, access and any viewings in writing.
Keep all documents and photos related to the move organised.
Forms and templates
For tenants, the following forms and letters are important:
- Termination letter (template): Used when the tenant or landlord may terminate or wants to change agreements; example: termination in time at the end of the fixed term.
- Defect notice to the landlord: Written notification in case of significant defects (e.g. heating failure) with a deadline for remedy.
- Action for eviction or claims: Forms and guidance are provided by courts for initiating proceedings.
The legal bases for termination and obligations are set out in the BGB; court proceedings follow the rules of the Code of Civil Procedure (ZPO).[1][3]
Use dated, standardised letters when enforcing deadlines against the landlord.
Disputes, courts and procedures
For disputes about fixed-term agreements, return of the property or payments, the local court (Amtsgericht) is usually competent in the first instance; higher courts such as the regional court or the Federal Court of Justice (BGH) may decide on legal questions or precedents.[2]
Respond to deadlines and court letters immediately to avoid losing rights.
FAQ
- Can a fixed-term tenancy be terminated early?
- Only if the contract contains a corresponding agreement or there is an important reason that justifies extraordinary termination.
- What duties does the landlord have in a fixed-term tenancy?
- The landlord must hand over the apartment in the agreed condition and remedy defects; operating costs must be billed transparently.
- When can I reduce the rent?
- In case of significant defects that impair living quality, the tenant may reduce the rent after reporting the defect.
How-To
- Read the contract in full and highlight the duration, start and end dates.
- Create a handover protocol with photos when moving in and send a copy to the landlord.
- If defects occur, write a defect notice with a deadline for remedy and document deadlines.
- Keep all receipts, correspondence and deadlines systematically in case of legal proceedings.
