Can I renew my rent contract in periods of 6 months forever?

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Hi, I am living near 5 years at the same apartment. So far I renew the contract every X months (i.e.  the notification period is the contract duration). It is an all included contract (heating, water, electricity, etc.). Someone recently told me that after 5 years we should switch to a "permanent contract" by law. Can someone clarify it? Thanks!

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As far as I know, a fixed term contract on an apartment is only legal if there are valid reasons in the contract for why it must be fixed term.  You can read about this here:  https://www.deutsche-anwaltshotline.de/rechtsberatung/108393-befristung-von-mietvertrag-rechtens

 

Without these valid reasons, your contract is automatically permanent.  If you did not renew your contract and just continued to pay rent and stay in the apartment, they could not kick you out.

 

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Hi LeonG, thanks for your reply. Not sure if I fully understood it :)

 

According the link, my fixed term contract (it is on going until December) is only valid if the owner has an specific reason to do it in this way (according § 575 párrafo 1 BGB: The owner needs the apartment after the contract expiration, the owner plans to "rebuild" the apartment, etc.).

 

My doubt is: Shall the contract state why (the reason itself) is needed a fixed term contract (e.g. the owner needs the apartment afterwards)? If not specified, somehow it is automatically a permanent contract, right? or even it could be an illegal contract?

 

So far, we have renewed the contract in periods of 6/9 months, just changing the dates. Actually I have a very good relation with the owner, and I would like to stay here for a long time. We did it in this way, cos' I was a posted worker, and I was not sure to stay in Germany for a long time. Now my personal conditions are different.

 

Then I would like to have a contract where it is clearly specify the notification period (let's say 3-6 months), and an unlimited expiration date. In addition it is needed to repaint the apartment (i don't care about costs, I can assume the costs) and even minor improvements (by my own costs/shared costs). However, these things are very unclear with my current fixed-term contract. Then if my contract is permanent (and we didn't know it) or illegal, I could talk to the owner to solve the problem.

 

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If you want a permanent contract, just talk to the owner. If the owner doesn't agree you can point out to him that your current fixed term contract is illegal anyway. It will not hold up in court if he wants you out.

 

Joining the Mieterverein is a good idea. They can help you with disputes or issues in the future.

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