With the lease, one in the BGB, the landlord the tenant the customs hiring of a thing on time and the tenant owes typed mutual contractual contract as return the agreed upon rent ("§ 535 BGB). In contrast to purchase, exchange and donation, with which it concerns the sale of an article, the rent forms as lease and the free borrows a customs hiring contract. Possible are mobile and immovable things or special parts, which are use suited (for example Hauswand as advertising surface). To the rental law "§"§ the 535-580a BGB applies.

The landlord left the third-party liability, the renting thing to the tenant in a condition suitable for the stipulated use too (customs hiring) and they during the Mietzeit herein too receive (maintenance obligation). Their owner it does not need to be (example: Subtenancy). Third-party liability of the tenant is it to pay the agreed upon rent (before times rent) or one instead agreed return to furnish. Since it possesses the renting thing, Obhutspflichten meet it.

The parties of a lease must be over Mietgegenstand, customs purpose and Entgeltlichkeit united. For longer time than one year they must in writing close a contract over properties, living or trade area, otherwise it applies to indefinite time and is already after the first year properly subject to notice ("§"§ 550, 578 BGB). In all other respects the Contracting Parties may deviate from the legal renting regulations and adapt the lease in the context of the freedom of contract their needs; so they can meet closer regulations for instance for the kind of the use (example: the tenant of a KFZ may not travel to certain countries with high theft ratio), to the conditions of a notice or to the replacement of expenditures of the tenant on the renting thing. Finally the Nebenpflicht exists not to endanger the interests of the other party and the contract purpose within a lease - as with all mutual debt contracts -.

Renting conditions over dwelling

In Germany nearly half of the population (48%) in rented dwellings lives; special practical meaning provides for the dwelling rent. The civil law book regulates it in detail and strengthens the rights of the dwelling tenant lastingly (social rental law). After a decision of the Federal Constitutional Court the possession of the tenant at the rented dwelling enjoys the protection of the property fundamental right from kind 14 exp. 1 S 1 GG (German Basic Law) (resolution of 26. May 1993, Az: 1 BvR 208/93, NJW 1993, 2035).

The rental law was reformed last with effect to 1 September 2001. For this see: New rental law.

• There is not the simple time lease any longer. To its place the qualified time lease steps: In it it must be justified, why the renting relationship is limited (for example internal requirement). If this is missing, then the contract applies automatically for an unlimited period.

• There are special relay and index rents, with these the rent is increased automatically and/or to an index adapted.

• Obstruct-fair change: With justified need the agreement can be required by the landlord. The landlord can require however for the case of a retreating longwall system additional collateral.

• If the tenant dies, the life partner occurs the lease. This applies also to not-conjugal partnerships.

• The buyer of a flat let for rent changed into a free-hold flat must wait three years, until he may quit because of internal requirement. Deviating from it the individual Lands of the Federal Republic can extend this period up to ten years.

• The interest of the renting bail is entitled to the tenant also if it put on the landlord to a higher than the usual interest rate.

• The tenant has a term of notice of three months ("§ 573c Abs.1 BGB).

• See also: Warning with leases for dwelling

Obligations

Landlord: The landlord is committed to the lease to grant to the tenant the use of the renting thing during the Mietzeit. The landlord has to leave the renting thing to the tenant in a stipulated condition. It has to carry the loads resting on the renting thing. The landlord is obligated to pay to the tenant the agreed upon rent.

Tenant: If a lack of the renting thing shows up in the course of the Mietzeit or if a measure is necessary the protection of the renting thing against a not foreseen danger, then the tenant has to indicate immediately this to the landlord. If the tenant omits the announcement, then is obligated to the landlord to substitution of the damage developing from it.

Articles in category "Lease"

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