Document background
The Residence Agreement (Mietvertrag) is a fundamental legal document used in Germany for establishing residential tenancy relationships. It is required whenever a residential property is rented out, whether by private landlords, property management companies, or housing associations. The agreement must comply with German tenancy law, particularly the provisions of the German Civil Code (BGB §§ 535-577a), which provides substantial protection for tenants' rights. The document covers essential aspects such as rent payments, utility costs, maintenance obligations, and notice periods, while also addressing specific German legal requirements like the Schriftformerfordernis (written form requirement) and Betriebskostenverordnung (Operating Costs Ordinance). This agreement is crucial for both landlords and tenants as it provides legal certainty and clear guidelines for the rental relationship.
