On January 1, 2025, a significant change in tenancy law will come into force: the written form previously required by law for long-term commercial tenancy agreements will be replaced by text form. This change particularly affects tenancy agreements with a term of more than one year, which can now also be concluded electronically – for example by email – with legal effect.
New regulation for commercial leases
The new regulation applies to commercial leases, i.e. leases for premises that are used for commercial purposes in accordance with the building permit, such as storage, production or commercial properties. The aim of the reform is to modernize contract processing, simplify communication channels and minimize legal uncertainties.
Long-term rental agreements: Effects of the text form
The switch from written form to text form is intended to reduce legal disputes caused by formal errors. Previously, even minor defects – such as missing signatures or unclear addenda – meant that long-term rental agreements could be terminated prematurely. In future, it will be sufficient for contracts and addenda to be concluded in a documented and comprehensible form – such as email or other electronic communication channels.
Overview of transition periods
As of January 1, 2025
- New rental agreements and addenda to existing agreements with a term of more than one year can be concluded in text form.
- As of this date, the written form is no longer required by law for newly concluded contracts.
- However, contracting parties may still voluntarily agree to the written form.
- For old contracts that were concluded before January 1, 2025, the previous written form requirement will remain binding until the end of 2025. Until then, these contracts can be terminated due to written form deficiencies in accordance with the statutory notice periods.
As of January 1, 2026
- The legal simplification of the text form then applies to all commercial rental agreements – regardless of the date of conclusion.
- Even older contracts can no longer be terminated prematurely from this date due to written form defects, provided they are at least in text form.
Legal certainty for existing contracts
The transitional regulation stipulates that landlords and tenants have the opportunity to review existing contracts until the end of 2025 and amend them if necessary. From 2026, the previous right of termination for breach of the written form will no longer apply, provided the agreements comply with the text form. This will create more legal certainty for old contracts in the long term and make it easier to manage commercial tenancies.
Recommended action for landlords and tenants
Landlords and tenants should keep an eye on the new regulations and review their contracts at an early stage in order to minimize potential risks during the transition period. Adapting to the new requirements in good time can avoid unnecessary terminations and disputes.