Draw up a rental agreement for a property

instagram viewer

If a rental agreement for a piece of land is at issue, it depends on what you want to do with the piece of land. If you just want to lie there in the sun, the tenancy law applies, if you also want to harvest fruit or cut trees, the lease law applies.

The use of the income establishes the right of lease.
The use of the income establishes the right of lease.

A property can be built on with a property or just represent a piece of land. If you want to use the property as a tenant and live in it, close one rental contract away. Is in the object z. B. a restaurant and you would like to run it as an innkeeper, the right of lease applies. Even with a vacant lot, it depends on what you intend to do with it.

A pure right of residence establishes the rental agreement

  • You can rent a vacant lot, as long as your use is limited to the mere stay on the property.
  • If you, on the other hand, want to draw the income from the property, for example to harvest the fruit of the fruit trees or To maintain the forest on it and cut the wood for sale, you have to sign a lease arrange.
  • Whatever you want to do, it is important that you describe exactly in the rental agreement or lease agreement for what purpose you want to use the property for yourself. Then your rights are determined.

Agricultural land is a special case

  • Note that a plot of land used for agriculture (land management, animal husbandry, Horticulture) represents a specially regulated land lease that is subject to independent rules (ยงยง 585 ff BGB).
    • Lease property - you should pay attention to this

    When you lease a property, you not only take over rights, but mostly also ...

  • If it is a normal lease, regulate in detail how you may proceed with the inventory of the property, which party is responsible for the maintenance and preservation of the inventory and which party is responsible for any damage stands straight. Please note that, as the lessee, unless otherwise agreed, you are liable for the maintenance and, above all, for the replacement of the inventory due to wear and tear.
  • Before concluding the contract, clarify in consultation with the municipal administration or regulatory authority whether you are actually allowed to use the property for your special purposes.

Take care of everything that is important to you

  • Set the notice period. If you do not agree on anything, you can only terminate the property at the end of the lease year, with a notice period of up to the third working day of the half year.
  • If possible, reserve the right to sub-lease the property if you are unable to use it for personal reasons.
  • If you want to make larger investments, you should have a right of first refusal.
  • Before taking over the property, make an inventory of the existing inventory and make this the basis of the contract.

How helpful do you find this article?

click fraud protection