Adjust Fixed-Term Lease: Tenant Checklist Germany

As a tenant in Germany, you should carefully review the fixed-term lease before and at move-in. This checklist helps you identify common clauses, understand deadlines and forms, and agree on necessary adjustments in writing. We explain in plain language which mandatory details must appear in the contract, how to check utility and heating costs, what to watch for with renovation or cosmetic repair clauses and how to report defects. We also show which official forms and deadlines are relevant and how to collect evidence. The goal is to avoid disputes, protect your rights and adjust the contract so it is fair and legally compliant for move-in.

Checklist: Review the contract at move-in

Work through the contract point by point and document open questions in writing. Ask for clarifications on unclear clauses and request any necessary additions as a written annex.

• Check duration and start date: Ensure start and end dates are correct and exceptions are clearly stated ^[1].
• Clarify rent and utilities: Check base rent, advance payments and billing periods as well as the heating costs regulation.
• Check deposit and repayment terms: Agree on deadlines and interest in writing.
• Review renovation and cosmetic repair clauses: Watch for enforceable wording and prohibited mandatory rules.
• Create a move-in protocol and document damages: Take photos and produce a signed record.
• Arrange key handover and access: Note the number of keys and responsibilities for locks.
• Record deadlines for defect notifications and responses: Note statutory and contractual deadlines and observe reporting channels.

Key clauses explained briefly

Renovation clauses

Many fixed-term leases include rules on cosmetic repairs. Clauses are valid only if they do not unreasonably disadvantage the tenant. Request concrete wording or a review by tenant advice if necessary.

Utility billing

Pay attention to a clear breakdown of operating and heating costs. Check billing periods and your right to inspect supporting documents; request access to accounting documents if something is unclear.

Termination periods and special termination rights

Fixed-term leases may contain special termination rules. Read deadlines and conditions carefully and note important dates. In disputes, the rules of the Code of Civil Procedure (ZPO) ^[2] and the competence of the local court apply.

Official forms and when to use them

Certain forms are important at move-in or in case of disputes. Request missing documents in writing and keep copies.

• Housing provider confirmation (Wohnungsgeberbestätigung): Required for registration at the residents' registration office; obtain the completed form from the landlord before registering ^[3].
• Written inquiries and amendment agreements: Any contract adjustment should be an annex signed by both parties.
• Forms for court actions: For eviction or payment disputes contact the competent local court and check procedural forms in advance.

FAQ

What is a fixed-term lease and how does it differ from an open-ended lease?

A fixed-term lease has a set end date and ends automatically at the agreed time; however, tenant obligations such as defect liability and utility payments remain.

Can I as a tenant terminate the fixed-term lease early?

It depends on the contractual agreements. Check for special termination rights in the contract and seek legal advice if clauses are unclear.

What deadlines apply for reporting defects?

Report defects without delay; document the time and content of the report in writing and keep copies to preserve rights to rent reduction.

How-To

1. Read the lease completely and mark unclear clauses.
2. Create a signed move-in protocol with photos of all rooms and damages.
3. Request the housing provider confirmation from the landlord and register at the residents' registration office.
4. Agree required adjustments in writing as an annex to the lease.
5. In case of dispute: File documents with the competent local court or use free tenant advice.

Help and Support

• BGB: Legal texts on tenancy law
• Information on the housing provider confirmation (BMI)
• ZPO: Procedural rules for court proceedings

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO) – Procedure and jurisdictions
3. [3] Federal Ministry of the Interior: Information on the housing provider confirmation