10 Year Lease Agreement Template for Germany

This 10 Year Lease Agreement template is designed for use in commercial property transactions within Germany, providing a comprehensive framework for long-term property leasing arrangements. It is particularly suited for significant commercial undertakings where parties require a stable, long-term occupancy relationship. The document incorporates all mandatory provisions required under German law, including compliance with the German Civil Code (BGB), commercial property regulations, and energy efficiency requirements. It addresses critical aspects such as rent adjustment mechanisms, operating costs allocation, maintenance responsibilities, and statutory compliance requirements. The agreement is structured to meet the strict written form requirements (Schriftformerfordernis) of German law while providing sufficient flexibility to accommodate various commercial property types and uses.

1. Parties: Identification of landlord and tenant with full legal details as required under German law

2. Background: Context of the lease agreement and brief description of the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the leased premises including exact location, size, and permitted use

5. Term and Commencement: Specification of the 10-year term, commencement date, and any handover provisions

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

7. Operating Costs (Betriebskosten): Allocation and calculation of operating costs according to BetrKV

8. Security Deposit: Amount, form, and conditions of the security deposit

9. Maintenance and Repairs: Distribution of maintenance and repair obligations between parties

10. Tenant's Obligations: Core obligations including use restrictions, compliance with regulations, and insurance requirements

11. Landlord's Obligations: Core obligations including property access and maintaining structure

12. Alterations and Improvements: Provisions regarding modifications to the property

13. Insurance: Required insurance coverage for both parties

14. Assignment and Subletting: Conditions for transfer of rights or subletting

15. Termination: Grounds for early termination and notice requirements

16. Return of Property: Conditions for property return at lease end

17. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

18. Severability: Standard salvatory clause required under German law