Fixed-Term Tenancy: Tenant Rights in Germany

Fixed-term tenancy agreements are common in many urban areas. For tenants in Germany it is important to know which rights and obligations come with a fixed term, how to check deadlines and what options exist if the landlord refuses to extend the contract or faults occur. This text explains clearly which legal rules apply, when a fixed term is legally permissible and which practical steps tenants can take — from communicating with the landlord to collecting evidence and taking the matter to court. The aim is to give tenants concrete actions, useful form tips and guidance on authorities and courts.

What is a fixed-term tenancy?

A fixed-term tenancy ends on the agreed date without termination. In many cases the fixed term must be justified in writing to be effective under § 575 BGB. Tenants should check whether the reason for the fixed term is factual (e.g. landlord's own use) or whether the fixed term may be invalid. In case of doubt, legal texts and advice at the local court can help.^[1]

What tenants should watch

• Check and note deadlines and the reason for the fixed term.
• Read written contract clauses carefully, especially the justification of the fixed term.
• Document any defects immediately: photos, date, communication.
• Review advance payments, deposit and utility charges and keep receipts.
• Contact the landlord early and confirm any agreements in writing.

Legal foundations and courts

The central rules for tenancy law are found in the Civil Code (BGB), especially §§ 535–580a; procedural questions are governed by the Code of Civil Procedure (ZPO).^[1][2] In disputes, the local Amtsgericht is competent; the Federal Court of Justice (BGH) decides on fundamental legal questions and precedents.^[3] Use official law texts for reference and check local court information for forms.

How-To

1. First check the fixed term and note the contract end date and deadlines.
2. Write to the landlord: ask in writing about renewal or the reason for the fixed term.
3. Collect evidence: tenancy agreement, payment receipts, photos of defects and all messages.
4. Seek legal advice from tenant associations or the local court if the situation is unclear.
5. If necessary: file a claim or commence debt proceedings at the local court; observe ZPO deadlines.^[2]

Common problems and solutions

Typical conflicts concern invalid fixed terms, refusal to renew, housing defects or unclear utility bills. Actions:

• Report defects in writing and set a deadline for repair.
• Object to unjustified charges and present evidence.
• If eviction is threatened, pay attention to deadlines and seek legal help promptly.

Frequently Asked Questions

Can a fixed-term tenancy be terminated early by the tenant?

Only if the contract includes a termination right or statutory exceptions apply; otherwise the contract ends on the agreed date.

What if the fixed term has no justification?

If there is no permissible justification, the fixed term may be invalid; check the contract and seek advice from the local court or legal counsel.

What deadlines apply in an eviction?

Eviction claims follow ZPO deadlines; act immediately and examine options for objections or appeals.

Important forms and templates

There is no single nationwide mandatory termination template, but many local courts provide forms and guidance. Typical documents tenants use include:

• Sample termination letter (by mutual agreement or special case).
• Claim or debt collection forms for the local court if rent disputes arise.
• Documentation template for defects (date, photo, description).

Help and Support

• Federal Ministry of Justice and Consumer Protection (BMJ)
• Gesetze im Internet (BGB, ZPO) - Official laws
• Federal Court of Justice (BGH) - Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) - §535ff
2. [2] Zivilprozessordnung (ZPO) - Verfahrensregeln
3. [3] Federal Court of Justice (BGH) - Case law
4. [4] Federal Ministry of Justice and Consumer Protection - Forms and guidance