The Termination of Tenancy Agreement is a crucial document used in the German real estate market when parties wish to formally end their rental relationship. It is governed by the German Civil Code (B眉rgerliches Gesetzbuch - BGB) and must comply with specific legal requirements regarding notice periods, formal documentation, and tenant protection provisions. This document is typically used when both parties mutually agree to end the tenancy, or when one party exercises their legal right to terminate according to the original lease terms. It includes essential information about the property, final settlement of accounts, property handover procedures, and the return of the security deposit. The agreement is particularly important in the German context due to the country's strict tenant protection laws and formal requirements for property transactions.
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1. Parties: Full legal names and addresses of both landlord and tenant
2. Background: Reference to the original tenancy agreement including its date and property address
3. Definitions: Key terms used in the agreement including 'Property', 'Tenancy Agreement', 'Termination Date'
4. Termination Declaration: Clear statement of mutual agreement to terminate the tenancy and the effective termination date
5. Property Handover: Specific arrangements for returning keys and vacating the property, including the handover inspection date and time
6. Final Payments: Details of final rent payment, utility bills settlement, and other outstanding charges
7. Security Deposit: Process and timeline for the return of the security deposit, subject to property inspection
8. Utility Meters: Agreement on final meter readings and transfer/cancellation of utility contracts
9. Mail Forwarding: Arrangements for forwarding mail and tenant's new address
10. Signatures: Space for dated signatures of all parties
1. Early Termination Compensation: Required if the termination occurs before the regular notice period, detailing any compensation agreed between parties
2. Renovation Requirements: Needed if specific renovation or restoration work is required beyond normal wear and tear
3. Dispute Resolution: Include if parties wish to specify a particular method for resolving any future disputes
4. Outstanding Repairs: Include if there are any pending repairs or maintenance issues to be addressed
5. Tenant Improvements: Required if there are any tenant improvements that need to be addressed, either for removal or compensation
1. Schedule 1: Property Condition Report: Detailed documentation of the property's condition at termination, including photographs
2. Schedule 2: Outstanding Payments Calculation: Detailed breakdown of any outstanding rent, utilities, or other charges
3. Schedule 3: Inventory List: List of any furniture or fixtures included in the original tenancy and their condition
4. Appendix A: Final Meter Readings: Documentation of final utility meter readings with photographs where possible
5. Appendix B: Property Return Checklist: Checklist of items to be completed before property handover
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