What is a lease

rental contract

A lease is signed by two parties and regulates the transfer of a property. The contract can be terminated with a notice period - under certain circumstances without notice.

What is a rental agreement and how is it concluded?

The rental contract is a civil law contract for the payment of a place to live or work, which can only be concluded in writing between the parties; verbal agreements are invalid. KLUGO offers you many free templates and samples for rental contracts or their termination.

ยง 535 BGB: rental agreement


According to Section 535, Paragraph 1 of the German Civil Code, the landlord is obliged to provide the tenant with the item in a proper condition and to grant access. The landlord bears the burden of the matter. The tenant is obliged to pay the rent in accordance with Section 535 (2) BGB.

Write a rental agreement

The rental apartment must be described in the contract as it looks in reality. Here, particular attention should be paid to the correct calculation of the living space.

In the case of rental contracts, there are basically no specifications as to how they must be structured. Rental agreements from the Internet can be used and individually adapted. However, important key data of the contractual relationship should always be included.
Juliane Wolf
Fully qualified lawyer

The rent as well as the operating cost must be correctly entered in the rental agreement for the apartment and correspond to the local rent. You should also pay attention to whether there are any Rent increases are listed in the contract through graduated or index rents. The obligation to carry out Cosmetic repairs by the tenant is only possible under certain conditions. Possible clauses in the rental agreement should be read carefully.

Terminate rental agreement for tenants

A rental contract for a house or an apartment can be terminated by the tenant with three months' notice. A definition of longer Notice periods are not allowed to the landlord, but shorter periods can be agreed and recorded in the rental agreement. In the event of a termination of the rental agreement, a written notice of termination must be given along with it signature are available and reach the contractual partner in good time, i.e. no later than the third working day of the new month, so that the deadline is met. A change to the rental contract is possible at any time, provided that both contracting parties agree. Different notice periods apply to furnished living space.

Terminate rental agreement for landlords

A termination of the rental agreement by the landlord must also be received in writing with a notice period of three months. If the tenancy is longer than five or eight years, the period is extended by three months. The tenant must terminate the rental agreement by on the third working day of the new month be received so that the deadline is met. The landlord may not give notice of termination for no reason. Typical reasons are sustainable Disturbance of domestic peace or own use.

Termination without notice can often be reversed for the tenant by paying the amount owed. A deadline for supplementary performance must be observed. In the event of termination without notice due to outstanding rent payments, a lawyer or a counseling center will help you.

Termination without notice by the landlord or tenant

In special cases, a termination without notice possible, for example if:

  • the tenant is in default of payment for two consecutive months
  • there is a payment arrears of more than two months' rent
  • there are disturbances in domestic peace or an illegal use of the rented property

The Tenant in turn, can also terminate without notice if:

  • access to the rented property is denied him in whole or in part
  • the relationship of trust with the landlord is permanently broken
  • the rented property is not habitable due to damage or the like
In special cases, termination without notice is possible. This applies to both tenants and landlords. Termination without notice is possible, for example, if there are arrears in payments of two months' rent or if there is a disturbance in housekeeping.

Here you will find the most important points on the subject of rental contracts in brief:

  • A rental agreement is concluded by agreement between two parties and gives the contractual partners rights and obligations.
  • The tenant has the right to use and the obligation to pay the rent. The landlord must provide access to the property and maintain the property.
  • The rental contract can be terminated by both parties - in special cases even without notice.

If you have any questions about the rental agreement, we will be happy to help you in initial telephone consultation further. Our competent partner lawyers are at your side with legal advice and support you in all matters.

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Article legally checked by the KLUGO editorial team

The article was created with great care by the KLUGO editorial team and legally checked. In addition, we supplement our guide with valuable tips directly from the experts: Our specialized partner lawyers show what is important for the respective topic.
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