The House Contract (Mietvertrag) is a fundamental legal document used in German residential property rentals, essential for establishing a formal landlord-tenant relationship under German law. It is primarily used when renting out houses, whether furnished or unfurnished, and must comply with the German Civil Code (BGB) and various housing regulations. The document includes crucial information about the property, rental terms, utilities, maintenance obligations, and tenant rights, while incorporating specific German legal requirements regarding notice periods, security deposits, and operating costs. This type of contract is particularly important in the German market where approximately 50% of residents rent their homes, and tenant protection laws are notably strong. The contract serves both private landlords and professional property managers, requiring careful attention to legal compliance while maintaining clarity for all parties involved.
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1. Parties (Vertragsparteien): Identification and full details of landlord and tenant(s), including names, addresses, and contact information
2. Background (Vorbemerkung): Brief context of the rental agreement and property overview
3. Definitions (Begriffsbestimmungen): Key terms used throughout the contract
4. Rental Property (Mietgegenstand): Detailed description of the property including address, size, number of rooms, and included spaces like basement or parking
5. Rental Period (Mietdauer): Term of the rental agreement, whether fixed-term or indefinite, and notice periods
6. Rent and Security Deposit (Miete und Kaution): Base rent amount, payment terms, security deposit requirements, and payment methods
7. Operating Costs (Betriebskosten): Breakdown of additional costs, utilities, and service charges
8. Maintenance and Repairs (Instandhaltung und Reparaturen): Responsibilities for maintenance, repairs, and renovations
9. Use of Property (Nutzung der Mietsache): Permitted use of property, occupancy rules, and restrictions
10. Keys and Security (Schlüssel und Sicherheit): Number of keys provided and security measures
11. Termination (Kündigung): Conditions and procedures for contract termination by either party
12. Final Provisions (Schlussbestimmungen): Governing law, jurisdiction, and formal requirements for modifications
1. Furnished Property (Möblierung): Details of furnished items included in the rental, to be used when property is rented furnished
2. Garden Use (Gartennutzung): Rules and responsibilities for garden maintenance, required when property includes garden access
3. Pets (Tierhaltung): Rules regarding pet ownership and associated conditions
4. Business Use (Gewerbliche Nutzung): Specific provisions if partial business use is permitted
5. Energy Efficiency (Energieeffizienz): Detailed energy efficiency information, required for properties with specific energy ratings
6. Subletting (Untervermietung): Rules and conditions for subletting, if permitted
7. Renovation Schedule (Renovierungsplan): Specific schedule for planned renovations or improvements
8. Shared Facilities (Gemeinschaftseinrichtungen): Rules for use of shared facilities, relevant for properties in multi-unit buildings
1. Property Handover Protocol (Übergabeprotokoll): Detailed documentation of property condition at handover, including photos and defect list
2. Inventory List (Inventarliste): Detailed list of any furnished items included in the rental
3. House Rules (Hausordnung): Building or complex rules and regulations
4. Operating Costs Breakdown (Betriebskostenaufstellung): Detailed breakdown of all operating costs and their calculation method
5. Energy Performance Certificate (Energieausweis): Current energy performance certificate for the property
6. Floor Plan (Grundriss): Detailed floor plan of the property
7. Renovation Schedule (Renovierungsplan): Schedule of any agreed renovations or improvements
8. Meter Reading Protocol (Zählerstandsprotokoll): Documentation of utility meter readings at move-in
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