Time limit
A fixed-term tenancy agreement (limited tenancy) is only valid if the reason for the limitation is communicated in writing to the tenant at the time the contract is concluded. If there is no legally recognized reason for the limitation or if it was not correctly stated in the contract, the tenancy agreement is considered to be concluded for an indefinite period.
The following reasons for limitation are legally permissible:
Personal use (§ 575 Abs. 1 Nr. 1 BGB) The landlord needs the apartment for themselves, for family members, or for members of their household. Please specify here under "Details" exactly for which person(s) the rental property is needed after the end of the fixed term, what kind of relationship the landlord has to this person, and why the property is needed for this person. The person in need for personal use must be clearly identifiable. UseFor this, please use the wording proposal provided by Immodio, which is already displayed to you in the "Details" field. Please supplement this with the specific information regarding your reason for the time limitation and adjust the wording accordingly.
Structural measures - demolition, modernization, or conversion of the rental property (§ 575 para. 1 no. 2 BGB) The landlord intends to demolish the apartment, fundamentally remodel it, or comprehensively modernize it, and the continuation of the tenancy would significantly hinder or make these plans impossible. Please specify here under 'Details' exactly which construction measures are involved so that the tenant knows what is meant. You are welcome to use the wording suggestion provided by Immodio, which is already in the field. Please supplement this with the specific information regarding your reason for the fixed term and adjust the wording accordingly.
Continued use of the leased property as a company or official residence (§ 575 para. 1 no. 3 BGB) The apartment is to be made available in the future for a person who is in an employment relationship with the landlord (e.g. as a caregiver or caretaker) and is therefore to be used as a so-called company apartment. Bitte formulate here under "Details" exactly what employment relationship the person has with the landlord. Please feel free to use the wording suggestion provided by Immodio, which is already available in the "Details" field.will be displayed. Please complete this with the specific details of your reason for the fixed term and adjust the wording accordingly.
The tenant can request information from the landlord at the earliest four months before the end of the contract as to whether the reason for the fixed term still exists. However, the landlord is not obliged to provide this information on their own (§ 575 para. 2 BGB).
Attention: If no permissible reason according to § 575 BGB was given or the stated reason is not correctly formulated, the tenancy agreement is automatically considered open-ended.
No reason in Immodio (observe notes !)
In Immodio, you have the option to specify "no reason" for the limitation. You should only make this selection if your rental property falls under the exceptions mentioned above. In case of doubt, Immodio recommends consulting a lawyer, as an incorrect classification of the rental property could lead to an invalid limitation agreement.
Attention: A fixed-term agreement is only legally effective under § 575 BGB if one of the following three reasons exists and is specified in the tenancy agreement: "personal use," "extensive construction measures," or "use as a service apartment." Exception: For granny flats and temporary housing, no reason for the fixed term is required.
Other reason in Immodio (observe notes!)
In Immodio you have the option to specify an individual reason for the fixed term. Please note that such a formulation is not legally effective.
Attention: A fixed-term agreement is only legally valid under § 575 of the German Civil Code (BGB) if one of the following three reasons exists and is specified in the lease contract: personal need, extensive construction work, or use as a service apartment. Exception: For granny flats and accommodation for temporary use, no reason for a fixed term is required.
Accommodation for temporary use - temporary living
In Immodio, you have the option of concluding a fixed-term tenancy agreement for living space for temporary use in accordance with Section 549 (2) No. 1 of the German Civil Code (BGB). Although no legal justification for the fixed-term contract is required in this case, it is nevertheless strongly recommended to document the temporary nature of the tenancy in order to avoid misunderstandings or legal uncertainties.
How to proceed: Wook "Living space for temporary use – temporary living" as the reason for the fixed-term contract and explain in the free text field why the living space is only used for a limited period of time.
Possible reasons may be:
Temporary study stay (e.g., semester apartment)
Professionally related, temporary project assignment
Internship or legal clerkship outside of the place of residence
Temporary solution during a change of residence
Commuter stay for weekend commuters
Temporary use during a renovation or refurbishment of the main residence
The more concretely the purpose of stay is named and described, the easier it is to prove temporary use if needed.
Further information on the topic "Housing for temporary use – Living for a limited time" can be found here.
The more concretely the purpose of stay is named, the easier it is to prove temporary use if needed, including in court.
Exceptions: For certain apartments, a fixed-term agreement can also be concluded without a special reason:
Subletting rooms in your own apartment
Fixed-term rental contracts that run for more than one year must be agreed upon in writing. To enter into a legally effective fixed-term tenancy agreement with a term of more than one year via Immodio, you currently need to print it out and sign it by hand to comply with the written form. In the future, Immodio will offer a qualified electronic signature (QES), which allows a digital signature.
A contract that does not meet this requirement is not void under § 125 BGB, but the agreement on the fixed term is ineffective.
Subsequent change of the reason for the fixed term
It is not possible to change the reason for the fixed term once specified.
The replacement of a fact while maintaining the same reason for the fixed term (e.g., the justification of the fixed term for personal use in favor of the daughter instead of the son) is generally permissible.
Dissolution or late occurrence of the reason for the fixed term
If the reason for the limitation occurs later: The tenant can request an extension for the corresponding period (§ 575 para. 3 BGB).
If the reason for the limitation ceases to exist: The tenant can request an extension of the tenancy agreement for an indefinite period (§ 575 para. 3 BGB) + (see Federal Court of Justice ruling of 18.04.2007 – VIII ZR 182/06).
Termination of Fixed-Term tenancy agreement
In a fixed-term lease and thus also in a limited tenancy agreement, an ordinary termination is excluded for both tenants and landlords (cf. BGH of 16.9.2008 – VIII ZR 112/08).
An extraordinary termination is, however, possible for both parties if a legally recognized reason exists (e.g., according to § 543 BGB).