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Deed Of Sublease Template for Germany

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Key Requirements PROMPT example:

Deed Of Sublease

"I need a Deed of Sublease for subletting three floors of my leased office building in Berlin to a tech startup, commencing March 1, 2025, with specific provisions for shared facilities and IT infrastructure modifications."

Document background
The Deed of Sublease is a crucial document used in German property law when a tenant wishes to sublease all or part of their rented property to another party. This formal deed must be notarized in accordance with German legal requirements and requires explicit consent from the head landlord. The document is particularly important in commercial and residential contexts where complex subletting arrangements need to be formalized. It must comply with the German Civil Code (BGB), especially regarding lease provisions and subletting rights, while also addressing modern requirements such as energy efficiency standards and operating cost allocations. The deed structure ensures all necessary legal protections are in place for all parties involved, including specific provisions for maintenance, use restrictions, and termination rights.
Suggested Sections

1. Parties: Identification of the head tenant (sublessor) and subtenant (sublessee), including full legal names, addresses, and registration details if applicable

2. Background: Context of the sublease, including reference to the head lease and confirmation of permission to sublease

3. Definitions: Definitions of key terms used throughout the deed, including Property, Term, Head Lease, Permitted Use, etc.

4. Grant of Sublease: Formal grant of the sublease, specifying the property being subleased and any reserved rights

5. Term and Possession: Duration of the sublease, commencement date, and conditions for possession

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and rent review provisions

7. Operating Costs and Utilities: Distribution of operating costs and utilities between parties as per BetrKV regulations

8. Use of Property: Permitted use of the property and any restrictions

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements

10. Sublessee Obligations: Key obligations and covenants of the sublessee

11. Sublessor Obligations: Key obligations and covenants of the sublessor

12. Insurance: Insurance requirements for both parties

13. Assignment and Further Subletting: Restrictions on assignment and further subletting

14. Termination: Grounds for termination and notice requirements

15. Return of Property: Conditions for returning the property at the end of the sublease

16. Notarization Statement: Required notarization text as per German law

17. Execution: Formal execution provisions including date and signatures

Optional Sections

1. Security Deposit: Terms for security deposit if required - optional if other security arrangements are made

2. Alterations and Improvements: Provisions for making changes to the property - needed if alterations are contemplated

3. Parking: Parking rights and restrictions - only needed if parking is included

4. Shared Facilities: Rules for shared facilities - only needed in multi-tenant properties

5. Break Clause: Early termination provisions - optional flexibility mechanism

6. Force Majeure: Provisions for extraordinary circumstances - recommended but not mandatory

7. Environmental Matters: Special environmental obligations - needed for properties with specific environmental concerns

8. Energy Performance: Special provisions regarding energy efficiency - needed for properties requiring specific energy standards

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the subleased property including floor plans and measurements

2. Schedule 2 - Head Lease: Copy or relevant excerpts of the head lease

3. Schedule 3 - Inventory: List of fixtures, fittings, and furniture included in the sublease

4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of operating costs and allocation between parties

5. Schedule 5 - House Rules: Building or property rules and regulations

6. Schedule 6 - Handover Protocol: Template for recording property condition at start and end of sublease

7. Appendix A - Energy Performance Certificate: Mandatory energy performance certificate as per German law

8. Appendix B - Sublease Consent: Written consent from head landlord for the sublease

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































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Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Education

Healthcare

Coworking Spaces

Manufacturing

Warehousing

Technology Parks

Relevant Teams

Legal

Real Estate

Operations

Facilities Management

Asset Management

Property Management

Compliance

Risk Management

Corporate Services

Administration

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Corporate Lawyer

Lease Administrator

Asset Manager

Commercial Property Manager

Operations Director

Real Estate Director

Compliance Officer

Contract Manager

Business Development Manager

Property Portfolio Manager

Real Estate Consultant

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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