Mutual Surrender Of Tenancy Agreement Template for Germany

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Key Requirements PROMPT example:

Mutual Surrender Of Tenancy Agreement

"I need a Mutual Surrender of Tenancy Agreement for my commercial property in Berlin, where my tenant and I have agreed to terminate the lease early on March 1, 2025, with a partial deposit retention of €2,000 for agreed repairs."

Document background
The Mutual Surrender of Tenancy Agreement (Einvernehmliche Mietaufhebungsvereinbarung) is utilized when both landlord and tenant wish to terminate a lease agreement before its scheduled end date. This document is particularly relevant in the German real estate market, where lease agreements typically have strong tenant protections and specific termination requirements. The agreement provides a structured way to document the mutual consent to end the tenancy, specify the surrender date, outline the condition requirements for the property's return, address the settlement of deposits and outstanding payments, and ensure compliance with German property law. It's commonly used in situations where circumstances change for either party, such as tenant relocation or landlord's need to repurpose the property, and both parties agree to an early termination without penalties.
Suggested Sections

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

2. Background: Brief recap of the original tenancy agreement details and the mutual desire to terminate early

3. Definitions: Key terms used throughout the agreement including 'Surrender Date', 'Property', 'Original Lease', etc.

4. Agreement to Surrender: Formal statement of mutual agreement to terminate the lease and surrender the property

5. Surrender Date: Specific date and time when the property will be surrendered and keys returned

6. Property Condition: Requirements for the condition in which the property must be returned

7. Settlement of Accounts: Handling of rent, deposits, utilities, and any other financial matters

8. Release and Waiver: Mutual release from future obligations under the original lease

9. Keys and Access: Arrangements for returning keys and final access

10. Governing Law: Confirmation that the agreement is governed by German law

11. Signatures: Execution section for all parties

Optional Sections

1. Forwarding Address: Section for tenant's new address - include when tenant is relocating

2. Remaining Occupants: Required when there are other occupants who need to vacate

3. Commercial Terms: Include when property was used for business purposes

4. Renovation Works: Include when specific renovation or restoration work is required

5. Outstanding Repairs: Include when there are specific repair issues to be addressed

6. Third-Party Consents: Include when third-party approvals are needed (e.g., mortgage lender)

7. Insurance: Include when specific insurance arrangements need to be addressed

8. Utilities Transfer: Include when specific arrangements for utility transfers are needed

Suggested Schedules

1. Schedule 1 - Property Inventory: Detailed inventory of fixtures, fittings, and condition

2. Schedule 2 - Utility Meter Readings: Final readings for all utility meters

3. Schedule 3 - Settlement Calculation: Detailed breakdown of all financial settlements

4. Schedule 4 - Handover Checklist: List of items to be checked during final inspection

5. Appendix A - Photographic Evidence: Photos documenting property condition at surrender

6. Appendix B - Original Lease: Copy of the original lease agreement being surrendered

7. Appendix C - Energy Performance Certificate: Current energy performance certificate if required

Authors

Alex Denne

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

Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Retail

Office Space

Industrial

Hospitality

Student Housing

Mixed-Use Development

Relevant Teams

Legal

Real Estate Operations

Property Management

Facilities Management

Asset Management

Tenant Relations

Contract Administration

Compliance

Property Services

Portfolio Management

Relevant Roles

Property Manager

Real Estate Manager

Leasing Manager

Legal Counsel

Facility Manager

Asset Manager

Property Administrator

Tenant Relations Manager

Operations Manager

Contract Manager

Real Estate Agent

Housing Officer

Compliance Officer

Property Portfolio 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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