Resident Landlord Tenancy Agreement Template for Germany

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Key Requirements PROMPT example:

Resident Landlord Tenancy Agreement

"I need a Resident Landlord Tenancy Agreement for a student tenant who will rent a room in my Berlin apartment starting March 1, 2025, with shared kitchen and bathroom facilities, including provisions for quiet study hours and limited overnight guests."

Document background
The Resident Landlord Tenancy Agreement is specifically designed for situations under German law where a property owner lets out part of their primary residence while continuing to live in the property themselves. This arrangement is common in major German cities where housing costs are high, particularly among homeowners looking to generate additional income or seeking shared living arrangements. The document must comply with German tenancy law (primarily governed by the BGB) while addressing the unique aspects of shared living spaces. It includes essential provisions about rent, utilities, shared spaces, house rules, and maintenance responsibilities, with particular attention to privacy and access rights given the shared living situation. This type of agreement differs from standard residential leases due to certain exemptions in German tenancy law that apply to resident landlord situations, particularly regarding notice periods and tenant protections.
Suggested Sections

1. Parties: Identification of the resident landlord and tenant, including full names, current addresses, and contact details

2. Background: Brief context explaining this is a resident landlord arrangement and identifying the property

3. Definitions: Key terms used throughout the agreement, including 'Shared Areas', 'Private Room', 'House Rules', etc.

4. Property Details: Detailed description of the rented room and shared areas, including address and any exclusive/shared facilities

5. Term of Tenancy: Start date, duration, and type of tenancy (fixed-term or unlimited)

6. Rent and Payments: Rent amount, payment schedule, method of payment, and security deposit details

7. Operating Costs (Betriebskosten): Breakdown of additional costs, including utilities, heating, and other service charges

8. Use of Property: Permitted use of the room and shared areas, including any restrictions

9. Shared Living Arrangements: Rules for shared facilities, cleaning responsibilities, and communal living expectations

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and damage reporting

11. Landlord's Obligations: Legal obligations of the landlord including maintenance, insurance, and provision of services

12. Tenant's Obligations: Legal obligations of the tenant including proper use of property, reporting damages, and following house rules

13. Access and Privacy: Rules regarding landlord's access to tenant's room and shared areas

14. Notice Requirements: Notice periods and procedures for termination by either party

15. Termination: Grounds for termination and process for ending the tenancy

Optional Sections

1. Subletting and Guests: Include when the landlord wishes to set specific rules about guests and prohibit subletting

2. Pets: Include when pets are either allowed with conditions or prohibited

3. Smoking Policy: Include when specific smoking restrictions need to be outlined

4. Parking: Include when parking spaces are available and need to be regulated

5. Internet and Telecommunications: Include when shared internet or phone services are provided

6. Garden Use: Include when there is a garden or outdoor space with specific usage rules

7. Quiet Hours: Include when specific quiet hours beyond standard legal requirements need to be established

8. Storage: Include when additional storage spaces are provided or regulated

9. Energy Performance: Include when specific arrangements about heating habits or energy usage need to be documented

Suggested Schedules

1. Schedule 1: Inventory and Condition Report: Detailed list of furnishings and condition of the room and shared areas at the start of tenancy

2. Schedule 2: House Rules: Detailed rules for communal living, including cleaning rotas, guest policies, and use of shared facilities

3. Schedule 3: Operating Costs Breakdown: Detailed breakdown of all operating costs and their calculation method

4. Schedule 4: Utilities Reading Form: Form for recording utility meter readings at start and end of tenancy

5. Schedule 5: Handover Protocol: Document for recording the handover of keys and property at start and end of tenancy

6. Appendix A: Energy Performance Certificate: Copy of the property's energy performance certificate as required by German law

7. Appendix B: Building Rules: Copy of any applicable building rules (Hausordnung) if property is in an apartment complex

8. Appendix C: Heating/Ventilation Instructions: Guidelines for proper heating and ventilation to prevent mold and maintain energy efficiency

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 legal definitions
Relevant Industries

Residential Real Estate

Property Management

Legal Services

Housing Services

Property Investment

Private Rental Sector

Student Housing

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Residential Lettings

Housing Services

Document Administration

Risk Management

Client Services

Operations

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Tenancy Relations Officer

Property Administrator

Compliance Officer

Real Estate Lawyer

Housing Coordinator

Tenant Rights Advisor

Property Investment Manager

Residential Letting Manager

Legal Administrator

Private Rental Sector 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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