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Month To Month Rental Lease Template for Germany

A comprehensive month-to-month rental lease agreement compliant with German tenancy law (Mietrecht) under the German Civil Code (BGB). This document establishes the legal framework for a flexible rental arrangement between landlord and tenant, incorporating all essential elements required by German law including rent terms, notice periods, maintenance obligations, and utility cost allocations. The agreement includes specific provisions for security deposits (limited to three months' rent), operating costs distribution, and termination notice periods as mandated by German legislation, while maintaining the flexibility of a month-to-month arrangement.

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What is a Month To Month Rental Lease?

The Month To Month Rental Lease agreement is designed for use in the German real estate market where flexible rental arrangements are needed while maintaining full compliance with German tenancy law. This document is particularly useful for situations requiring shorter commitment periods or where parties prefer maintaining flexibility in their rental arrangement. It incorporates all mandatory provisions required by the German Civil Code (BGB), including specific sections on security deposits, operating costs, maintenance obligations, and termination notices. The agreement is structured to protect both landlord and tenant interests while adhering to German consumer protection standards and rental market regulations. It's commonly used for both residential and commercial properties, especially in situations where traditional fixed-term leases may not be suitable.

What sections should be included in a Month To Month Rental Lease?

1. Parties: Identification and contact details of the landlord and tenant

2. Background: Brief context of the rental agreement and property overview

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the rental property including address, size, and included fixtures

5. Term and Termination: Specification of the month-to-month nature and notice periods as per §573c BGB

6. Rent and Payment Terms: Monthly rent amount, due date, and payment method

7. Security Deposit: Amount (maximum three months' rent), payment terms, and conditions for return

8. Operating Costs and Utilities: Allocation of operating costs and utility charges between parties

9. Maintenance and Repairs: Responsibilities for property maintenance and repairs

10. Use of Property: Permitted use of property and restrictions

11. Access Rights: Landlord's rights to access the property

12. Insurance: Required insurance coverage for both parties

13. General Provisions: Standard legal clauses including governing law and severability

What sections are optional to include in a Month To Month Rental Lease?

1. Pet Clause: Rules regarding pet ownership - include if pets are permitted

2. Subletting: Terms for subletting - include if subletting is to be allowed

3. Renovations and Alterations: Terms for tenant modifications - include if specific renovation rights are granted

4. Shared Facilities: Rules for common areas - include for properties with shared facilities

5. Parking: Parking space allocation and rules - include if parking is provided

6. Garden Maintenance: Garden upkeep responsibilities - include for properties with gardens

7. House Rules: Building-specific rules - include for multi-unit buildings

8. Energy Performance: Energy efficiency details - include if property is in an area requiring specific energy disclosures

What schedules should be included in a Month To Month Rental Lease?

1. Schedule 1 - Inventory List: Detailed inventory of furnished items and their condition

2. Schedule 2 - Operating Costs Breakdown: Itemized list of operating costs and allocation between parties

3. Schedule 3 - House Rules: Detailed building rules and regulations

4. Schedule 4 - Handover Protocol: Property condition documentation at handover

5. Schedule 5 - Energy Performance Certificate: Copy of the property's energy performance certificate

6. Appendix A - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

7. Appendix B - Emergency Contact Information: List of emergency contacts and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Tenancy Agreement

Cost

Free to use

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