Rental agreement & handover

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A legally compliant rental agreement is the be-all and end-all

Landlords should put all important agreements in writing. In Germany, a written tenancy agreement is not mandatory by law, but it is strongly recommended. If the contract does not contain certain clauses, the statutory provisions automatically apply – these are often designed to be tenant-friendly. Landlords should therefore always have a valid tenancy agreement signed before the new tenant moves in. Verbal agreements are valid, but are difficult to prove and, in case of doubt, disadvantageous for landlords.

Content of the rental agreement: A residential rental agreement should clearly regulate who (all tenants and landlords with full names) are the parties, what is being rented (exact apartment address, possibly including cellar, parking space, etc.) and on what terms. Important points are Rental period (indefinite or fixed term), rent amount (basic rent) and itemized service charge advance payments, deposit (max. three net cold rents), payment method (e.g. monthly by bank transfer) and notice periods. It is also advisable to include house rules as part of the contract (or as an annex) with rules on quiet hours, etc.

In the absence of such regulations, the general laws apply, which can restrict landlord rights. Example: Cosmetic repairs – an ineffective clause means that the landlord must automatically take over the renovation according to current BGH case law.

Be careful with model contracts! Many freely available rental agreement templates on the Internet are outdated or too one-sidedly tenant-friendly. Ineffective clauses that have been adopted can cost the landlord dearly. You should therefore only use verified templates or have the contract drawn up by a specialist.

A landlord-friendly tenancy agreement can contain, for example, agreements on keeping animals, minor repairs or the distribution of renovation obligations – it is important that these are within the framework of the applicable case law. Invalid contractual clauses are replaced by the statutory regulations (§§ 535 ff. BGB). Therefore, if in doubt, it is better to seek professional advice before signing a contract with loopholes or traps. This way you are on the safe side legally and protect your landlord’s rights in the best possible way.

depositphotos 90926092 stock photo a landlord explains the floor 1

The handover of the apartment to the new tenants should be carefully prepared – a written tenancy agreement and a handover protocol are essential.

Handing over the apartment – thorough logging protects both sides

Before moving in, landlords should receive a deposit (max. 3 months’ rent) from the tenant and manage this separately from their assets. Before handing over the keys, it is advisable to draw up a joint handover protocol in which the current condition of the apartment is recorded. Any existing damage or defects are documented here. Both parties should sign the protocol.

This document is compared with the move-out record at the end of the tenancy. This makes it possible to determine whether the tenant has caused any new damage that goes beyond normal wear and tear. If so, the tenant must be given the opportunity to rectify this before any part of the deposit is withheld.

Important obligations when handing over the apartment

Since 2015, landlords have been legally obliged to issue their new tenant with a landlord’s confirmation of residence (landlord’s certificate). The tenant needs this document to register with the residents’ registration office. According to § 19 of the Federal Registration Act, the landlord must confirm the move-in within 2 weeks and provide details of the tenant, landlord, home address and date of move-in. Berlin, for example, provides a sample form online.

Tip: Hand over this certificate directly when you hand over the keys so that the tenant can fulfill their obligation to register. In addition, landlords should Meter readings (electricity, gas, water) on the day of handover and record them with the tenant in order to draw up the bill correctly.

Good support after signing the contract

Once the tenancy agreement has been signed and the handover has taken place, the tenancy officially begins. Landlords should hand over important documents to the new tenant, such as operating instructions or emergency contact details. Inform the tenant about the house rules, if these are not already part of the contract. If there are any questions or problems during the tenancy, landlords should remain approachable – good landlord service pays off in satisfied tenants.

Legal framework in Berlin

Please note that special regulations apply in Berlin, such as the rent freeze (see next section). Issues relevant to rental agreements such as rent caps or conversion bans can also affect Berlin landlords. Always keep up to date with current laws so that you can adapt your tenancy agreement accordingly.

Conclusion: A detailed, up-to-date tenancy agreement and a recorded handover of the apartment are essential to protect your property. ADEN Immobilien will be happy to support you – if you have any questions about concluding a tenancy agreement or handover, please contact us for a personal consultation!