Fixed-Term Lease Negotiation: Tenants in Germany

Many tenants in Germany face the question of how to negotiate a fixed-term lease securely and which rights apply during the term. This guide explains in plain language what tenants should pay attention to: contract wording, typical deadlines, which evidence is useful and how to respond to terminations or defects. We cite official laws and forms, give practical wording examples and explain when a visit to the local court may be necessary. The aim is to provide clear steps so you can meet deadlines, secure evidence and handle conflicts with the landlord in Germany in a factual and legally sound way. The information is general and shows practical steps for tenants.

What is a fixed-term lease?

A fixed-term lease is a rental agreement with a fixed duration. Such limitations are possible under the rules of the German Civil Code but must be formulated transparently and include a permissible reason ^[1]. If a clear reason is missing or the fixed term is invalid, the contract may be treated as open-ended.

What tenants should watch

• Check termination deadlines and note the dates in the contract.
• Collect the reason for the fixed term and supporting evidence, such as written correspondence or handover records.
• Document rent, service charges and any scheduled increases clearly.
• Protect your rights in case of defects: report defects and set deadlines for repair.

Forms and templates

There are no mandatory federal forms for many actions, but templates and guidance from ministries and courts are helpful. A common example is a termination letter or a formal defect notice text you can send to the landlord; such templates and guidance are available from relevant authorities ^[2]. For questions on contract interpretation, decisions by the Federal Court of Justice (BGH) provide guidance ^[3], and for litigation the local courts (Amtsgericht) are responsible ^[4].

If the landlord does not agree: legal steps

Start with a written demand and set a reasonable deadline for response. Keep all evidence: contract, photos, messages and payment receipts. If settlement is not possible, a claim can be filed at the local court; the procedure follows the rules of civil procedure and the local court's jurisdiction ^[4].

FAQ

Can a fixed-term lease be terminated early?

Yes, in certain cases early termination is possible, for example by mutual agreement or in cases of particular hardship; otherwise the fixed term applies.

Which deadlines apply to fixed-term leases?

The contractually agreed deadlines are decisive; without an explicit rule the statutory termination periods under the German Civil Code may apply ^[1].

What should I do about defects during the term?

Report defects immediately in writing, set a deadline for repair and consider rent reduction if appropriate, while keeping evidence and photos.

How-To

1. Check the contract carefully and note all deadlines.
2. Collect evidence: photos, emails, payment receipts and handover records.
3. Prepare a formal letter or template and send it with proof of delivery.
4. If necessary, file a claim or application at the competent local court.

Help and Support / Resources

• Gesetze im Internet – BGB §§ 535–580a
• Federal Ministry of Justice – information and templates
• Federal Court of Justice – decisions on tenancy law

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Bundesministerium der Justiz – Informationen und Muster
3. [3] Bundesgerichtshof – Entscheidungen zum Mietrecht
4. [4] Justizportal – Informationen zu Gerichten und Zuständigkeiten