Wohnen auf Zeit: how to set a valid fixed term
When a lease for Wohnen auf Zeit (letting for a limited time) really ends on its end date, and what to record each time the tenant changes.
A lease only ends on its end date in two cases. Either the flat is let for a temporary purpose, or the lease states a reason from § 575 BGB in writing. Record the condition of the flat and the furniture each time the tenant changes.
What to put in a lease for Wohnen auf Zeit
Whether the lease really ends depends on what it says on the day you sign it. Put these points in it.
- 1
The temporary purpose
Say specifically why the tenant is only staying for a short time.
- 2
Or a reason from § 575 BGB
State one of the three reasons in § 575 BGB, in writing and specifically.
- 3
An end date that fits
The end date has to match the purpose or the reason.
- 4
The rent
For a Zeitmietvertrag (fixed-term lease), set the rent with the Mietpreisbremse (rent brake) in mind, plus a surcharge for the furniture.
- 5
The Inventarliste
Attach the Inventarliste (inventory list) and have the tenant sign it at move-in.
- 6
A move-in record
Record every room and every piece of furniture for every new tenant.
Why this matters
Under § 575 Abs. 1 BGB, a fixed-term lease without a written reason counts as open-ended. With several tenants a year, you can only link damage to one tenant if the condition at that tenant's move-in is certain.
General information, not legal advice.
Frequently asked questions
Is it enough to write “Vermietung auf Zeit” in the lease?
No, the words “Vermietung auf Zeit” (let for a limited time) are not enough. What counts is the actual purpose. If the lease only has an end date, with no temporary purpose and no reason from § 575 BGB, it counts as open-ended.
Does the Mietpreisbremse apply to a flat let for temporary use?
No, the Mietpreisbremse does not apply to a flat let for temporary use (§ 549 Abs. 2 Nr. 1 BGB). An excessively high rent is still prohibited, because the Wirtschaftsstrafgesetz continues to apply (§ 5 WiStG).
What happens if the tenant stays after the lease ends?
If the tenant stays and you do not object within two weeks, the lease continues with no end date (§ 545 BGB). So object in writing and in time.
Also in this topic: Wear on furniture: what landlords may deduct in GermanyInventarliste template for furnished flatsLetting furnished to students: lease, Kaution, handover
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