In its ruling of 7 May 2022 (Matter No.: 23 O 177/20), the Berlin Regional Court confirmed that the written form requirement of Sec. 550 of the German Civil Code (BGB) is only obtained if the agreement required for the conclusion of the contract on all material terms of the contract – in particular the subject matter of the lease, the rent, the term of the contract and the parties to the lease – results from a document signed by both parties. In particular, an option granting one or both parties the right to extend the existing lease for a certain period of time by means of a unilateral declaration also constitutes a material contractual condition.
