Business Property Lease Agreement Template for Germany

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Key Requirements PROMPT example:

Business Property Lease Agreement

"I need a Business Property Lease Agreement for a retail space in Munich, starting March 1, 2025, with special provisions for shop window displays and 24/7 access for a pharmacy business."

Document background
The Business Property Lease Agreement is a crucial document used when establishing a commercial tenancy relationship under German law. It is specifically designed for situations where commercial property is being leased for business purposes, whether for retail, office, industrial, or other commercial uses. The agreement must comply with German legal requirements, particularly the German Civil Code (BGB) and commercial law provisions, while addressing practical business needs. It includes essential elements such as property details, permitted use, rent calculations, operating costs, maintenance responsibilities, and termination provisions. This document is particularly important in the German market where commercial lease relationships are less regulated than residential leases, requiring careful attention to detail in drafting comprehensive terms.
Suggested Sections

1. Parties: Identification and details of the landlord and tenant, including full legal names, registration numbers for companies, and addresses

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

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

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

5. Permitted Use: Specified commercial purpose and allowed usage of the property

6. Lease Term: Duration of the lease, commencement date, and any renewal options

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

8. Operating Costs and Additional Charges: Specification of operating costs (Betriebskosten) and their allocation between parties

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

10. Maintenance and Repairs: Responsibilities of each party regarding maintenance, repairs, and renovations

11. Insurance and Liability: Required insurance coverage and allocation of liability

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

13. Access and Inspection Rights: Landlord's rights to access the property

14. Termination: Grounds for termination and notice requirements

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

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

17. Severability Clause: Standard salvatory clause (Salvatorische Klausel) required under German law

Optional Sections

1. Subletting and Assignment: Include when subletting or assignment rights are to be specifically addressed

2. Operating Hours: Include for properties in retail locations or where operating hours need to be restricted

3. Signage Rights: Include when exterior or interior signage needs to be regulated

4. Parking: Include when parking spaces are part of the lease

5. Competing Business Restrictions: Include when there are restrictions on competing businesses in the vicinity

6. Environmental Provisions: Include for properties with specific environmental concerns or requirements

7. Force Majeure: Include specific force majeure provisions beyond standard German law

8. Special Use Requirements: Include for properties requiring specific licenses or permits

9. Rent Adjustment Mechanism: Include when specific rent adjustment formulas are needed beyond standard indexation

10. Utilities and Services: Include when specific arrangements for utilities need to be detailed

Suggested Schedules

1. Floor Plans: Detailed plans showing the leased area and measurements

2. Inventory List: List of any furnishings or equipment included in the lease

3. Operating Costs Breakdown: Detailed breakdown of operating costs and allocation method

4. Maintenance Schedule: Schedule of regular maintenance responsibilities

5. Building Rules: General rules and regulations for the building or complex

6. Handover Protocol: Template for property handover documentation

7. Energy Performance Certificate: Required energy efficiency documentation

8. Technical Specifications: Technical details of building systems and equipment

9. Renovation Schedule: Planned renovation or improvement works

10. Insurance Requirements: Detailed insurance specifications and requirements

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Commercial Real Estate

Retail

Manufacturing

Hospitality

Professional Services

Healthcare

Technology

Logistics and Warehousing

Banking and Financial Services

Education and Training

Entertainment and Recreation

Food and Beverage

Industrial

Office Space Management

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Risk Management

Property Management

Asset Management

Business Development

Corporate Services

Procurement

Compliance

Relevant Roles

Real Estate Manager

Property Manager

Facilities Director

Commercial Lease Administrator

Legal Counsel

Chief Financial Officer

Business Development Manager

Operations Director

Asset Manager

Real Estate Investment Manager

Corporate Real Estate Manager

Expansion Manager

Location Planning Manager

Risk Management Officer

Property Operations Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB) §§ 535-580a: Core legislation governing lease agreements, including basic rights and obligations of landlords and tenants, maintenance obligations, and termination provisions
German Commercial Code (Handelsgesetzbuch - HGB): Relevant for commercial aspects of the lease, particularly regarding business premises and commercial transactions
German Building Code (Baugesetzbuch - BauGB): Regulations regarding building use, zoning laws, and property development requirements
Energy Saving Ordinance (Energieeinsparverordnung - EnEV): Requirements for energy efficiency in commercial buildings and related certification obligations
Building Usage Ordinance (Baunutzungsverordnung - BauNVO): Regulations concerning the permitted use of commercial properties and zoning requirements
Operating Costs Ordinance (Betriebskostenverordnung - BetrKV): Regulations regarding the allocation and calculation of operating costs in commercial lease agreements
German Commercial Rent Law (Gewerbemietrecht): Specific provisions and court decisions relating to commercial lease relationships
Building Safety Regulations (Bauordnungsrecht): State-specific building safety requirements and standards for commercial properties
German Tax Law (Steuerrecht): Relevant provisions regarding VAT on commercial leases and other tax implications
Environmental Protection Laws (Umweltschutzgesetze): Regulations regarding environmental protection, waste management, and related obligations for commercial properties
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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