Prolonging the lease term, will there be another year's advance notice provided?
Revamped Guide:
Hopping to Stay Longer? Legal Advice on Rental Agreements
Whether you're dealing with lease statements, rental contracts, noisy neighbors, or home renovations, our team of legal experts is here to help. On the second Monday of every month (next date: May 19, 2025, from 10 to 11 a.m.), you can call us at 05 9030 22337 or fire off your questions via email to immo@our website. Today, we delve into the nitty-gritty of extending a rental agreement.
Question: Our lease ends in October, and both us and the landlord want a one-year extension, but three years are the minimum. Can we make exceptions? Is a verbal agreement enough?
Answer: In the realm of residential rent, a three-year minimum duration is common for every fixed-term agreement, including extensions. But there's a loophole - the minimum doesn't apply if you agree on an unlimited extension agreement, with no enforceable end date otherwise. Remember, any agreed term must be in writing.
Even with an extension of three years, you as tenants have the legal right to call it quits after a year, with a three-month notice period until the end of the month. If you and your landlord agree in the rental contract that the notice and waiting periods aren't required or are shortened, that's a go.
In a "free" rental agreement, your landlord may bump up the rent upon extension, but they'll need to justify any increase.
Bonus Info: While it's not a German norm, landlords here can draft fixed-term contracts for specific reasons, but the law doesn't explicitly restrict the length to at least three years[4]. In practice, these contracts are often used in student housing, but they can be shorter than three years if justified[1][4].
The Dirt Road Issue: After renewing your residential rental agreement, a one-year waiting period for the right to terminate applies. However, you could work this out with your landlord in your rental agreement.
Find more enlightening DIY-real estate tips (our website, VH).
- In the process of discussing rental agreement extensions, it's worth noting that while home renovations can be part of the negotiation, they also fall under the home-and-garden category.
- A well-managed lifestyle, including maintaining a comfortable living environment, is significantly impacted by the lease terms and landlord-tenant relationships, a crucial aspect of home-and-garden life.
