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Garage and Parking Contracts

Chapter 12 JB (commercial lease rules applied by analogy)

What does it mean?

Agreements for garage or parking spaces are regulated separately from the residential lease and are normally treated as a commercial lease or a side agreement. The tenant does not have the same security of tenure for a garage space as for the dwelling. The landlord can usually terminate the garage agreement independently of the residential lease, and the tenant has limited right to remain.

However, if the garage agreement is linked to the residential lease as a condition in the same contract, it can become more difficult to terminate separately. Rent for garage and parking is set outside the utility value system and is based on market conditions. The notice period normally follows the same rules as for commercial premises — three months for indefinite agreements. It is important to clarify in the agreement whether the parking space is included in the housing rent or billed separately.

Key Points

  • Normally regulated separately from the residential lease
  • No security of tenure equivalent to residential rental
  • Rent is set outside the utility value system
  • Can be linked to the residential agreement as an additional term
  • Three months' notice for indefinite agreements

Practical Tip

If the garage space is important to you, try to have it written into the residential lease as a condition rather than a separate agreement. This makes it harder for the landlord to remove the garage space without affecting the entire lease. Check whether electricity for EV charging is included.

Legal Basis: Chapter 12 JB (commercial lease rules applied by analogy)

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