Double written-form clause in the rental contract – does it apply?

Risky for you

Risky — the clause disadvantages you and is worth challenging.

A standard-form double written-form clause cannot bar oral or implied individual agreements: individual agreements always take precedence over standard terms (§ 305b BGB). A later individual oral agreement is valid despite the clause.

What you can do next

Wichtige Absprachen sollten Sie dennoch schriftlich festhalten — wissen Sie aber: eine individuell getroffene mündliche Abrede gilt trotz dieser Klausel.

The law behind it

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Related questions

General information based on German law and court decisions, checked by lawyers — not legal advice for your individual case.