Double written-form clause in the rental contract – does it apply?
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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The check compares your clause with patterns verified by lawyers and the current statute text. It is general information, not legal advice for your individual case.
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Check the whole contractRelated questions
- Set-off ban in a rental contract – can the landlord do that?
- Fixed-term rental contract without a reason – is the term valid?
- Landlord may enter the flat at any time – is that allowed?
- Administration and repair costs billed as operating costs – do I have to pay?
- No annual operating-cost statement in the contract – allowed?
- Flat-rate operating costs without reconciliation – what applies?
General information based on German law and court decisions, checked by lawyers — not legal advice for your individual case.