Residential Lease Agreement (Wohnraummietvertrag, Germany) — 2026 template

Unlimited-term flat rental under §§ 535 ff. BGB with deposit, operating costs and statutory notice

Country
Germany
Category
Real estate
Checked against the law

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What's inside

  • Premises, rent and operating-cost advance (§§ 535, 556 BGB)
  • Rent due by the third working day (§ 556b BGB)
  • Deposit max. three months' net rent, payable in three instalments (§ 551 BGB)
  • Statutory notice periods and written form of termination (§§ 568, 573c BGB)
  • Landlord's confirmation of moving in for registration (§ 19 BMG)

Legal basis

  • BGB §§ 535, 536, 540, 543, 550, 551, 556, 556a, 556b, 556d
  • BGB §§ 568, 573, 573c, 575
  • BMG § 19 (Wohnungsgeberbestätigung)
  • GEG § 80 (energy performance certificate)

Start of the text

This is the beginning of the template. Fields in square brackets are filled in the Legal editor.

Working English version. Where a German version is signed or required by law, that version prevails.

This Residential Lease Agreement (Wohnraummietvertrag) is made between [Landlord name], [Landlord address] (the "Landlord"), and [Tenant name(s)], currently residing at [Tenant current address] (the "Tenant").

1. Premises

1.1. The Landlord lets to the Tenant for residential use the flat at [Address, floor, flat number] (the "Premises"), consisting of [Number] rooms, kitchen, bathroom and [Cellar, balcony, parking space], with a living area of approx. [Living area] m².

1.2. The Tenant receives the following keys: [Number and type of keys]. The condition on handover is recorded in a handover protocol signed by both parties.

2. Term

2.1. The tenancy begins on [Start date] and runs for an indefinite period.

2.2. [Optional:] The parties waive their right of ordinary termination for [Number] years from the start of the tenancy (mutual waiver of termination).

2.3. A fixed-term tenancy is only permissible for the reasons set out in § 575 BGB, which must be stated in writing at conclusion; otherwise the tenancy is deemed concluded for an indefinite period. A lease for more than one year not made in written form is deemed concluded for an indefinite period (§ 550 BGB).

3. Rent and Operating Costs

3.1. The monthly rent is composed of:

Item

EUR per month

Net rent (Nettokaltmiete)

[Net rent]

Advance payment for operating costs incl. heating and hot water

[Operating cost advance]

Total

[Total monthly payment]

3.2. Operating costs within the meaning of § 556 BGB and the Operating Costs Ordinance (Betriebskostenverordnung) are borne by the Tenant and settled annually; unless otherwise agreed, they are allocated by living area, and consumption-related costs by recorded consumption (§ 556a BGB).

3.3. The rent is payable in advance, no later than the third working day of each month (§ 556b(1) BGB), to [Landlord bank account details].

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