Tenancy Agreement Template: Mandatory Content, Sample Text, and 5 Clauses That May Be Overturned

EverReal Editorial Team. The same leasing technology chosen by 450+ real estate companies. Last updated: October 2026.

Problem: A free tenancy agreement template looks complete, even if it contains invalid clauses. Cause: A clause struck down by the Federal Court of Justice becomes entirely null and void; if the landlord demands renovations upon moving out based on it, there is no legal basis. Premise: A missing clause is noticed during proofreading, an invalid one often only in a dispute; therefore, what you remove from a template is what truly matters.

A tenancy agreement requires four key details: contracting parties, clearly defined rented property, rent, and lease start date. It is concluded when both parties agree on the first three (Section 535 German Civil Code - BGB). Deposit and operating costs only apply if agreed upon. An invalid clause is void; the statutory law takes its place. You will find the sample text below in twelve modules.

Drafting a tenancy agreement: what must be included? Four key details and three additions you explicitly agree upon

Four details belong in a residential tenancy agreement. Section 535 BGB describes the primary obligations: the landlord grants the use of the leased property, and the tenant pays the agreed rent. What a tenancy agreement is legally is explained in the encyclopedia entry on the tenancy agreement. This belongs inside:

• Contracting parties. Full names and addresses. Anyone who moves in permanently and should be jointly liable for the rent must be named as a tenant in the contract, as the tenant is obligated to make payment (Section 535 (2) BGB). Multiple tenants are generally jointly and severally liable in case of doubt (Section 427 BGB): the landlord can then demand the rent from each tenant in full or in part (Section 421 BGB).

• Rented property. Designated in such a way that no other apartment could possibly be meant: address, location within the building, number of rooms, and every co-rented secondary space and fixture, such as a cellar, parking space, or fitted kitchen.

• Rent. As an amount in euros, separate from operating costs, because the security deposit is based on it. In areas designated by state ordinance, it may exceed the local reference rent at the start of the lease by at most 10 percent (Section 556d BGB). If the rent is based on an exception under Section 556e or Section 556f BGB, such as a higher prior rent, the landlord must provide information to the tenant unprompted and in text form prior to entering into the contract (Section 556g (1a) and (4) BGB). More on this in the article on the rent control brake, aimed at property managers.

• Lease start date. The date from which the apartment is available and rent begins to accrue.

Both parties must agree on the parties, rented property, and rent; otherwise, no contract is formed. The lease start date is the fourth detail you define, but not a prerequisite for the contract to be concluded. If it is missing and cannot be inferred from the circumstances, the tenant can demand surrender immediately (Section 271 (1) BGB). You do not need to specify a lease term either: if it is unspecified, either party can terminate in accordance with statutory provisions (Section 542 (1) BGB). Deposit and operating costs only apply if agreed upon. Therefore, you should explicitly regulate three additions:

• Deposit. Without an agreement, there is no entitlement. A maximum of three times the monthly rent excluding stated operating costs is permitted, payable in three equal installments and kept separate from the landlord's personal assets (Section 551 BGB).

• Operating costs. The tenant only bears them if agreed (Section 556 (1) BGB); otherwise, burdens encumbering the rented property remain with the landlord (Section 535 (1) sentence 3 BGB). Advance payments must be reasonable; settlement is annual, at the latest twelve months after the end of the billing period (Section 556 (2) and (3) BGB).

• Handover condition. A protocol as an annex, with meter readings and number of keys. What belongs in it is described in the encyclopedia entry on apartment handover.

Why an invalid clause is only noticed during a dispute

An invalid clause sits in the contract just like any other and usually only attracts attention during a dispute, specifically when someone attempts to rely on it. It becomes void on its own, and the statutory law takes its place (Section 306 (1) and (2) BGB). A template is pre-formulated for a multitude of contracts. If you present it to a tenant, its terms are Standard Business Terms (Section 305 (1) BGB), provided you and the tenant have not negotiated them individually. Judicial review of content applies to them: a clause that unreasonably disadvantages the tenant contrary to the requirements of good faith is invalid (Section 307 (1) BGB).

In the case of Standard Business Terms, a court will not reduce an overly broad clause to the permissible extent. The Federal Court of Justice calls this an impermissible validity-preserving reduction. It completely struck down a rigid schedule of cosmetic repairs (judgment of 23.06.2004, VIII ZR 361/03), and similarly rejected a five-year waiver of termination rights rather than reducing it to four years (judgment of 06.04.2005, VIII ZR 27/04).

In the areas templates try to shift to the tenant, the statutory duty lies with the landlord: according to Section 535 (1) sentence 2 BGB, the landlord must provide and maintain the apartment in a condition suitable for contractual use. If the renovation clause is void, this obligation remains with them.

Checking a tenancy agreement sample: five clauses that get overturned

In any template, these five areas deserve a second look because courts or the law impose strict limits on them.

Tenancy agreement template to adopt: twelve modules with sample text

The template is provided here in full, with no download and no input required. Copy the block; square brackets indicate where you fill in information. It applies to an open-ended residential tenancy agreement, does not contain any of the five clauses from the table in an invalid form, and does not replace legal advice.

Section 1 Contracting Parties. Landlord: [Name, address]. Tenant: [Name, address] and [Name, address]. Multiple tenants are jointly and severally liable. Section 2 Rented Property. Rented is the apartment [Street, house number, postal code, city], [Floor, location within building], consisting of [Number] rooms, kitchen, and bathroom. Included in the lease are: [Cellar no., parking space no., fitted kitchen, other rooms and facilities individually]. Section 3 Lease Start and Term. The tenancy begins on [Date] and runs for an indefinite period. Section 4 Rent. The monthly rent is [Amount] euros (net cold rent) plus the advance payment for operating costs according to Section 5. Section 5 Operating Costs. The tenant bears the operating costs pursuant to Section 2 of the Operating Costs Ordinance (BetrKV). Other operating costs (no. 17): [specify individually]. The tenant pays [Amount] euros monthly as an advance payment for this. The landlord settles accounts annually. Section 6 Payment Method. Rent and advance payments for operating costs are to be paid at the beginning of the month, at the latest by the third business day, into the following account: [Account holder, IBAN]. Section 7 Deposit. The tenant provides a security deposit of [Amount] euros. They may pay it in three equal monthly installments; the first installment is due at the start of the tenancy. The landlord shall deposit the amount with a credit institution separately from their own assets; accrued interest belongs to the tenant. Section 8 Handover. The landlord hands over the apartment on [Date]. Condition, meter readings, and the number of keys handed over are recorded in a handover protocol signed by both parties (Annex 1). Section 9 Cosmetic Repairs. Statutory provisions apply to cosmetic repairs. Section 10 Maintenance and Minor Repairs. Statutory provisions apply to maintenance and minor repairs. Section 11 Use. The apartment is rented for residential purposes. If the tenant transfers use wholly or partially to a third party, for example via subletting, they require the landlord's permission. Section 12 Conclusion. Place, date. Signature of landlord. Signatures of all tenants. Annexes: 1 Handover protocol, 2 Energy performance certificate (copy).

Notes on the modules (numbered matching sections)

1. Everyone who should be liable is named in the contract (Section 427, Section 421 BGB).

2. Name every secondary space individually.

3. A fixed term requires a statutory reason (Section 575 (1) BGB).

4. In areas designated by state ordinance, Section 556d BGB applies. If the rent is based on an exception under Section 556e or Section 556f BGB, you must inform the tenant unprompted and in text form prior to their contract declaration; without this, you cannot rely on the exception (Section 556g (1a) and (4) BGB).

5. Stating that the tenant bears "the operating costs" is sufficient without listing the individual cost types (BGH, judgment of 10.02.2016, VIII ZR 137/15). Name other operating costs (no. 17) individually; if there are none, delete the sentence. Central heating and hot water costs additionally follow the Heating Costs Ordinance (Section 1 HeizkostenV); it takes precedence over deviating agreements, except in buildings with no more than two apartments where the landlord lives in one (Section 2 HeizkostenV).

6. Statutory due date (Section 556b (1) BGB).

7. At most three times the monthly rent excluding stated operating costs; any deviating agreement to the detriment of the tenant is invalid (Section 551 (1) and (4) BGB).

8. Hand over the energy performance certificate immediately after signing the contract (Section 80 Building Modernisation Act).

9. Shifting the burden to the tenant is only valid under strict conditions; without a clause, you renovate for wear and tear from contractual use (Section 535 (1) sentence 2 BGB).

10. Same as with 9; a minor repairs clause requires cost caps (see table above).

11. Reflects Section 540 (1) BGB; for a part of the living space, an entitlement to permission exists if a legitimate interest arises after the contract is formed (Section 553 (1) BGB).

12. Written form pursuant to Section 126 (2) BGB.

Delete what you do not need

Compare any third-party template with the five clauses in the table: if you find one of them, delete it or replace it with the sample text. What you delete is substituted by statutory law; renovations and repairs are then borne by the landlord (Section 535 (1) sentence 2 BGB).

Fixed-term or open-ended: decide the term before signing the contract

Open-ended is the standard case. Under Section 575 (1) BGB, a fixed term is only valid with one of three statutory reasons and only if the landlord communicates that reason in writing to the tenant upon concluding the contract. If the reason or notification is missing, the tenancy is deemed concluded for an indefinite period. The reasons are explained in Fixed-term tenancy agreement: when a limitation holds up.

Determining the formal requirement

A residential tenancy agreement is valid even without written form, but under Section 550 BGB is deemed concluded for an indefinite period if it is not concluded in writing for longer than one year. In writing means: both parties sign the same document, or each party signs the identical document intended for the other (Section 126 (2) BGB), or they sign electronically with a qualified electronic signature (Section 126 (3) and Section 126a BGB). What speaks in favor of the digital variant is explained in the article on the digital signature in tenancy agreements.

With EverReal Go!: qualified electronic signature and digital handover

The sample text only provides the content. Plus from EverReal Go! brings the qualified electronic signature, digital apartment handover with documentation and photos, as well as tenancy agreement templates. Plus costs a one-time fee of 59 euros including VAT per leasing process, valid for six months, no subscription. For real estate portals, the Flexible Listing module is additionally required (from 59 euros per 30 days including VAT); all pricing details are in the pricing overview.

Preparing the handover and annexes

The handover protocol becomes an annex to the agreement, as does the energy performance certificate (Note 8). Moving in also entails the landlord confirmation (Wohnungsgeberbestätigung): the accommodation provider confirms the move-in to the tenant within the period in which the tenant must register, namely two weeks (Section 19 (1) BMG, Section 17 (1) BMG).

Proofreading before signing

Five questions: Are all tenants who should be liable named in the contract? Is every secondary room listed? Is the net cold rent stated as a monetary amount? Is the allocation of operating costs agreed upon? Is the security deposit within the statutory limit?

Conclusion

The four key details are gathered quickly. The actual effort lies in the clauses introduced by a template: what is deleted is replaced by statutory law.

The contract is step 8 of nine. Where it fits in the process is shown in Renting out an apartment: the complete workflow.

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Legal notice. We do not provide legal advice. For specific legal questions, a specialist lawyer for tenancy and residential property law or your local owners' association, such as Haus & Grund, will assist you.

Legal status: 14.10.2026, according to the standards and court decisions cited below.

Sources.

• German Civil Code (BGB), gesetze-im-internet.de, accessed on 14.10.2026: Section 126, Section 126a, Section 271, Section 305, Section 306, Section 307, Section 421, Section 427, Section 535, Section 540, Section 542, Section 550, Section 551, Section 553, Section 556, Section 556b, Section 556d, Section 556e, Section 556f, Section 556g, Section 557a, Section 573c, Section 575, Section 578

• Heating Costs Ordinance (HeizkostenV), Section 2, Section 1 HeizkostenV, gesetze-im-internet.de, accessed on 14.10.2026

• Operating Costs Ordinance (BetrKV), Section 2, gesetze-im-internet.de, accessed on 14.10.2026

• Building Modernisation Act (GModG), Section 80, gesetze-im-internet.de, accessed on 14.10.2026

• Federal Act on Registration (BMG), gesetze-im-internet.de, accessed on 14.10.2026: Section 17, Section 19

• BGH, judgment of 23.06.2004, VIII ZR 361/03 (Cosmetic repairs according to rigid schedule; no validity-preserving reduction)

• BGH, judgment of 10.02.2016, VIII ZR 137/15 (Residential tenancy: agreement that the tenant bears "the operating costs" is sufficient even in standard terms without enumeration; other operating costs under No. 17 excluded)

• BGH, judgment of 06.04.2005, VIII ZR 27/04 (Standard form waiver of termination rights beyond four years generally invalid; no reduction to permissible extent)

• BGH, judgment of 07.06.1989, VIII ZR 91/88 (Minor repairs clause only valid with cost caps and for parts exposed to frequent access by the tenant)

• BGH, judgment of 18.03.2015, VIII ZR 185/14, Press Release No. 39/2015 (Shifting cosmetic repairs onto tenant for unrenovated premises without adequate compensation is invalid)

• Pricing and scope of services for EverReal Go!: de.everreal.co/go/preise, accessed on 14.10.2026

• 450+ real estate companies: EverReal proprietary statement, as of September 2026

Frequently Asked Questions

What must be included in a tenancy agreement?

Four key details belong inside: the contracting parties with full names, the clearly defined rented property including all co-leased spaces, the rent as a monetary amount, and the lease start date. The contract comes into effect with the first three, as Section 535 BGB describes the primary obligations: the landlord grants the use of the leased property, and the tenant pays the agreed rent. The lease start date is supplemented by statute if missing (Section 271 (1) BGB), as is the lease term (Section 542 (1) BGB). Deposit and operating costs only apply if agreed upon (Section 551, Section 556 (1) BGB).

Is a free tenancy agreement template legally compliant?

Not automatically; it depends on the clauses it contains. A template may contain clauses that the Federal Court of Justice has declared invalid. An invalid clause generally does not render the entire contract invalid; rather, it is void, and statutory law takes its place (Section 306 (1) and (2) BGB; for the exception see para. 3). Therefore, check five areas: rigid renovation intervals, minor repairs without caps, an exclusion of termination of more than four years, a stepped rent agreement that fails to meet Section 557a BGB, and a deposit exceeding the limit in Section 551 BGB. Even a sample text does not replace legal advice.

Must a tenancy agreement be in writing?

For residential space, a tenancy agreement is valid even without written form. However, if it is not concluded in writing for longer than one year, it is deemed concluded for an indefinite period pursuant to Section 550 BGB, and notice of termination is permissible at the earliest at the end of one year following the surrender of the residential space. A fixed-term lease for more than one year therefore only retains its fixed term in writing. Text form is only sufficient for tenancy agreements for land and for spaces that are not residential premises (Section 578 BGB). The written form can be substituted with electronic form using a qualified electronic signature (Section 126 (3) and Section 126a BGB).

What happens if there is an invalid clause in a tenancy agreement?

The remainder of the contract remains valid, and the statutory law takes the place of the invalid clause (Section 306 (1) and (2) BGB). A court will not reduce the clause down to the permissible extent: the Federal Court of Justice has completely rejected a schedule of cosmetic repairs and a termination waiver exceeding four years respectively (VIII ZR 361/03, VIII ZR 27/04). For clauses intended to shift the landlord's obligations onto the tenant, the obligation consequently remains with the landlord, such as maintaining the apartment under Section 535 (1) sentence 2 BGB.

Does a deposit have to be stated in the tenancy agreement?

No. A deposit is not a prerequisite for a tenancy agreement to be formed. Without an explicit agreement, however, there is no entitlement to one. A maximum of three times the monthly rent excluding operating costs designated as a lump sum or advance payment may be agreed (Section 551 (1) BGB). The tenant is entitled to pay it in three equal monthly installments, and the landlord must deposit it separately from their personal assets (Section 551 (2) and (3) BGB).