> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/zeitraum/befristung.md).

# Fixed term

This page explains the conditions under which a tenancy can be limited in time and which details are required in the rental agreement for the fixed term to be legally effective.

## Fixed term

A **fixed-term tenancy agreement** is only valid if the reason for the fixed term is communicated to the tenant in writing when the contract is concluded. If there is no legally recognised reason for the fixed term, or if it was not stated correctly in the contract, the tenancy counts as having been concluded for an indefinite period.

**The following reasons for a fixed term are permissible by law:**

1. **Personal use (Section 575 (1) no. 1 BGB)**\
   The landlord needs the apartment for themselves, for family members or for members of their household. *Under "Details", please state precisely for which person or people the rented property will be needed once the fixed term ends, how the landlord is related to that person, and why the rented property is needed for them. The person requiring the property for personal use must be clearly identifiable. Feel free to use the suggested wording provided by Immodio, which is already shown in the "Details" field. Please supplement it with the specific details of your reason for the fixed term and adjust the wording accordingly.*
2. **Building work - demolition, modernisation or conversion of the rented property (Section 575 (1) no. 2 BGB)**\
   The landlord intends to demolish, fundamentally convert or extensively modernise the apartment, and continuing the tenancy would make these plans considerably more difficult or impossible. *Under "Details", please state precisely which building work is involved, so that the tenant knows what it is about. Feel free to use the suggested wording provided by Immodio, which is already shown in the "Details" field. Please supplement it with the specific details of your reason for the fixed term and adjust the wording accordingly.*
3. **Continued use of the rented property as staff or service accommodation (Section 575 (1) no. 3 BGB)**\
   The apartment is to be made available in future to a person who is in an employment relationship with the landlord (for example as a carer or caretaker) and therefore used as what is known as staff accommodation. *Under "Details", please state precisely what employment relationship the person has with the landlord. Feel free to use the suggested wording provided by Immodio, which is already shown in the "Details" field. Please supplement it with the specific details of your reason for the fixed term and adjust the wording accordingly.*

The tenant can request information from the landlord about whether the reason for the fixed term still applies at the earliest four months before the contract ends. The landlord does **not** have to provide this of their own accord, however (Section 575 (2) BGB).

{% hint style="danger" %}
**Caution:** If **no permissible reason under Section 575 BGB** was stated, or if the reason given is not worded correctly, the rental agreement is automatically regarded as **open-ended**.
{% endhint %}

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<summary><mark style="color:red;"><strong>No reason in Immodio (please read the notes!)</strong></mark></summary>

In Immodio you have the option of stating "no reason" for the fixed term. You should only make this choice if your rented property falls under one of the exceptions named above. If in doubt, Immodio recommends consulting a lawyer, since incorrectly classifying the rented property could lead to an invalid fixed-term agreement.

{% hint style="danger" %}
**Caution:** Under Section 575 BGB, a fixed term can only be validly agreed if one of the following three reasons applies and has been specified in more detail in the rental agreement: "personal use", "extensive building work" or "use as service accommodation". Exception: for granny flats and residential space for temporary use, no reason for the fixed term is required.
{% endhint %}

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<summary><mark style="color:red;"><strong>Other reason in Immodio (please read the notes!)</strong></mark></summary>

In Immodio you have the option of stating an individual reason for the fixed term. Please note that such wording is **not legally effective**.

{% hint style="danger" %}
**Caution:** Under Section 575 BGB, a fixed term can only be validly agreed if one of the following three reasons applies and has been specified in more detail in the rental agreement: personal use, extensive building work or use as service accommodation. Exception: for granny flats and residential space for temporary use, no reason for the fixed term is required.
{% endhint %}

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<summary><strong>Residential space for temporary use - temporary living</strong></summary>

In Immodio you have the option of concluding a fixed-term rental agreement for residential space for temporary use under Section 549 (2) no. 1 BGB. Although no statutory justification for the fixed term is required in this case, it is strongly advisable to document the temporary nature of the tenancy in order to avoid misunderstandings or legal uncertainty.

**Proceed as follows:**\
Select **"Residential space for temporary use – temporary living"** as the reason for the fixed term and explain in the free text field why the residential space is only being used for a limited period.

**Possible reasons can be:**

* a temporary period of study (for example a semester apartment)
* a work-related, fixed-term project assignment
* an internship or legal traineeship away from home
* an interim solution while moving home
* a commuting arrangement for people who travel home at weekends
* temporary use while the main home is being renovated or refurbished

The more specifically the purpose of the stay is named and described, the easier it is to demonstrate the temporary use if needed.

**You can find more information on "residential space for temporary use – temporary living"** **here.**

{% hint style="info" %}
The more specifically the purpose of the stay is named, the easier it is to demonstrate the temporary use if needed, including in court.
{% endhint %}

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**Exceptions:** For certain apartments a fixed term can also be agreed without any special reason:

* residential space for temporary use
* granny flats
* subletting rooms within your own apartment

{% hint style="warning" %}
**Fixed-term rental agreements running for more than one year have to be agreed in writing.** To conclude a legally effective fixed-term rental agreement with a term of more than one year through Immodio, you currently have to **print it out and sign it by hand** in order to observe the written form. In future Immodio will offer a qualified electronic signature (QES) that allows digital signing.

A contract that does not meet this requirement is not void under Section 125 BGB, but the agreement on the fixed term is invalid.
{% endhint %}

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<summary><strong>Changing the reason for the fixed term afterwards</strong></summary>

* It is not possible to change the reason for the fixed term once it has been stated.
* Substituting a different set of facts **while keeping the same reason for the fixed term** (for example justifying the fixed term with personal use for the daughter instead of the son) is generally permissible.

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<summary><strong>The reason for the fixed term ceasing to apply or arising late</strong></summary>

* **If the reason for the fixed term arises later:** The tenant can demand an extension by the corresponding period (Section 575 (3) BGB).
* **If the reason for the fixed term ceases to apply:** The tenant can demand an extension of the rental agreement for an indefinite period (Section 575 (3) BGB) +\
  [(see BGH judgment of 18/04/2007 – VIII ZR 182/06)](http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh\&Art=en\&sid=e9e4e8b60064a738ae0482b0ae269503\&client=%5B%22%5B%27%5B%27%2C+%27%5B%27%5D%22%2C+%22%5B%27%5B%27%2C+%27%5B%27%5D%22%5D\&client=%5B%22%5B%27%5B%27%2C+%27%5B%27%5D%22%2C+%22%5B%27%5B%27%2C+%27%5B%27%5D%22%5D\&nr=39916\&pos=0\&anz=1).\ <br>

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<summary><strong>Terminating a fixed-term rental agreement</strong></summary>

* With a fixed-term tenancy agreement, and therefore also with a **fixed-term rental agreement**, ordinary termination is **excluded for both the tenant and the landlord** [(see BGH of 16/09/2008 – VIII ZR 112/08)](http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh\&Art=en\&nr=46347\&pos=0\&anz=1).
* **Extraordinary termination** is possible **for both sides**, however, where a legally recognised reason exists (for example under Section 543 BGB).

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<summary><strong>Rent increases with a fixed-term rental agreement</strong></summary>

* A **rent increase is only possible** if it was expressly agreed in the contract.
* **Immodio recommends** agreeing an **index-linked rent** (Section 557b BGB) or a **graduated rent** (Section 557a BGB) for legal certainty.

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