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Lease And Sublease Agreement

Lease And Sublease Agreement Template for Germany

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Key Requirements PROMPT example:

Lease And Sublease Agreement

"I need a Lease and Sublease Agreement under German law for my commercial office space in Berlin, where I will be the primary tenant of three floors and want to sublease one floor to a tech startup, with the arrangement starting March 1, 2025."

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Document background
The Lease And Sublease Agreement is a crucial document used when a tenant wishes to sublease all or part of their rented property to another party while maintaining their original lease agreement with the property owner. This document is particularly relevant in the German market, where specific legal requirements govern both lease and sublease relationships under the German Civil Code (BGB). It's commonly used in both commercial and residential contexts, requiring careful attention to German tenant protection laws, notice requirements, and statutory rights. The agreement must address both the continuing obligations under the primary lease and establish clear terms for the sublease arrangement, including rent payments, maintenance responsibilities, and operating costs allocation. This document is essential for ensuring legal compliance while protecting the interests of all parties involved in the lease chain.
Suggested Sections

1. Parties: Identification of all parties: Primary Landlord, Tenant/Sublandlord, and Subtenant, including full legal names and addresses

2. Background: Context of the agreement, including existence of primary lease and intention to sublease

3. Definitions: Key terms used throughout the agreement, including Property, Primary Lease, Sublease Period, etc.

4. Demised Premises: Detailed description of the leased/subleased property, including address and specific areas included/excluded

5. Term and Commencement: Duration of both primary lease and sublease, including start and end dates

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and late payment consequences

7. Operating Costs and Utilities: Distribution of ancillary costs (Nebenkosten) between parties

8. Security Deposit: Amount, payment terms, and conditions for return of security deposits

9. Use of Premises: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations

11. Insurance Requirements: Required insurance coverage for all parties

12. Access Rights: Conditions under which landlord/sublandlord may access the premises

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

14. Termination: Grounds for termination and notice requirements

15. Governing Law: Confirmation of German law application and jurisdiction

16. Signatures: Execution blocks for all parties

Optional Sections

1. Furniture and Fixtures: Inventory and conditions for furnished properties - include when property is let furnished

2. Commercial Use Provisions: Specific provisions for commercial properties - include for business premises

3. Renovation and Modification Rights: Rights to modify premises - include for commercial leases or when significant modifications are anticipated

4. Competing Business Restrictions: Restrictions on competing businesses - include for commercial properties in retail locations

5. Marketing and Signage: Rules for external signage and marketing - include for commercial properties

6. Parking Provisions: Specific parking rights and restrictions - include when parking is available

7. Common Areas: Rules for common areas - include for multi-tenant buildings

8. Energy Performance: Energy efficiency obligations - include for properties requiring energy certificates

9. Pet Provisions: Rules regarding keeping pets - include when pets are permitted or prohibited

10. Garden/Outside Space Use: Rules for external areas - include when property includes outdoor spaces

Suggested Schedules

1. Schedule 1 - Property Floor Plan: Detailed floor plan showing the leased/subleased areas

2. Schedule 2 - Inventory List: Detailed list of furniture and fixtures included in the lease

3. Schedule 3 - House Rules: Building regulations and rules (Hausordnung)

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

5. Schedule 5 - Maintenance Schedule: Schedule of maintenance responsibilities

6. Schedule 6 - Primary Lease Agreement: Copy of the primary lease agreement (for sublease arrangements)

7. Schedule 7 - Handover Protocol: Property condition documentation at handover (Ãœbergabeprotokoll)

8. Schedule 8 - Energy Certificate: Property energy performance certificate (Energieausweis)

9. Appendix A - Heating Cost Allocation: Method of calculating and allocating heating costs

10. Appendix B - Renovation Schedule: Schedule of planned renovations or improvements

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions









































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Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Education

Healthcare

Co-working Spaces

Warehousing

Mixed-use Development

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Administration

Risk & Compliance

Property Management

Asset Management

Corporate Services

Finance

Procurement

Relevant Roles

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Compliance Officer

Operations Director

Asset Manager

Leasing Manager

Contract Administrator

Real Estate Agent

Building Manager

Property Administrator

Corporate Real Estate Manager

Tenant Relations Manager

Risk Manager

Chief Operating Officer

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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