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Registered Lease Agreement for Germany

Registered Lease Agreement Template for Germany

A German Registered Lease Agreement (eingetragener Mietvertrag) is a formal legal document governed by the German Civil Code (BGB) that establishes a binding lease relationship between landlord and tenant, with the additional security of being registered in the land register (Grundbuch). This comprehensive agreement details all aspects of the lease including property description, term, rent, operating costs, maintenance obligations, and specific rights and obligations under German law. The registration provides enhanced protection for the tenant and can be particularly important for long-term commercial leases or significant property investments. The document must comply with strict German legal requirements regarding form and content, including specific provisions for operating costs (Betriebskosten) and maintenance obligations.

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What is a Registered Lease Agreement?

The Registered Lease Agreement (eingetragener Mietvertrag) is a crucial document in German property law, used when parties seek additional security and legal certainty in their lease relationship through registration in the land register (Grundbuch). This type of agreement is particularly relevant for long-term commercial leases, high-value property rentals, or situations where tenants make significant investments in the property. The document must comply with § 550 BGB (German Civil Code) and registration requirements under the Grundbuchordnung (GBO). It includes detailed provisions for rent, operating costs, maintenance, and other obligations, while offering stronger protection against property sale or owner changes. The registration process involves notarization and submission to the land registry, making this a more formal and secure arrangement than standard lease agreements.

What sections should be included in a Registered Lease Agreement?

1. Parties: Identification of landlord and tenant with full legal names, addresses, and registration details if applicable

2. Background: Brief context of the lease arrangement and property identification

3. Definitions: Key terms used throughout the agreement including Property, Lease Term, Rent, etc.

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

5. Lease Term: Duration of lease, commencement date, and termination provisions

6. Rent and Payment Terms: Base rent amount, payment schedule, method of payment, and rent adjustment mechanisms

7. Operating Costs (Betriebskosten): Allocation of operating costs, billing procedures, and advance payments

8. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

9. Use of Property: Permitted use, restrictions, and requirements for property usage

10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations

11. Insurance and Liability: Required insurance coverage and liability allocation between parties

12. Access Rights: Landlord's rights of entry and inspection

13. Termination: Grounds for termination, notice periods, and procedures

14. Registration: Provisions regarding registration of the lease in the land register if applicable

15. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Registered Lease Agreement?

1. Subletting Rights: Include when subletting might be permitted under specific conditions

2. Modernization Measures: Include for properties where modernization works are planned or likely

3. Pet Provisions: Include when pets are allowed or specifically prohibited

4. Commercial Use Provisions: Include for mixed-use properties or when home office use is permitted

5. Garden/External Areas: Include when property includes garden or external areas requiring maintenance

6. Heating System Obligations: Include specific provisions when property has special heating requirements or systems

7. Building Rules Integration: Include when property is part of a larger complex with specific rules

What schedules should be included in a Registered Lease Agreement?

1. Floor Plan: Detailed plan showing the leased premises and measurements

2. Handover Protocol: Document recording property condition at handover (Übergabeprotokoll)

3. Operating Costs Breakdown: Detailed list of operating costs and allocation methods

4. House Rules: Building regulations and community rules (Hausordnung)

5. Energy Performance Certificate: Current energy efficiency certificate (Energieausweis)

6. Renovation Schedule: Schedule of cosmetic repairs and maintenance intervals

7. Inventory List: List of furniture and equipment if property is leased furnished

8. Building Insurance Certificate: Copy of relevant building insurance coverage

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Rental Agreement

Cost

Free to use
Relevant legal definitions







































Clauses



































Relevant Industries

Real Estate

Property Management

Legal Services

Residential Housing

Commercial Property

Professional Services

Construction

Facility Management

Property Development

Banking and Finance

Insurance

Public Housing

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Asset Management

Compliance

Contract Administration

Operations

Risk Management

Administrative Services

Investment

Property Services

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Facility Manager

Asset Manager

Property Administrator

Leasing Manager

Real Estate Director

Compliance Officer

Contract Manager

Real Estate Partner

Property Lawyer

Notary

Land Registry Officer

Housing Manager

Building Superintendent

Real Estate Investment Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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