Commercial Building Rental Agreement Template for Germany

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Key Requirements PROMPT example:

Commercial Building Rental Agreement

"I need a Commercial Building Rental Agreement for a three-story office building in Munich, starting from March 1, 2025, with special provisions for a tech company tenant requiring server room installation and 24/7 access rights."

Document background
The Commercial Building Rental Agreement is a fundamental document used in German commercial real estate transactions for establishing a legally binding lease relationship between property owners and business tenants. This agreement is essential when any business entity seeks to rent commercial space in Germany, whether for retail, office, industrial, or other commercial purposes. The document must comply with German Civil Code (BGB) requirements, particularly §§ 535-580a governing lease agreements, as well as specific commercial property regulations. It outlines crucial terms including rental payments, duration, maintenance responsibilities, operating costs allocation, and usage rights while incorporating mandatory German legal requirements such as the written form requirement (Schriftformerfordernis) for long-term leases. The agreement serves as a comprehensive framework for managing the ongoing landlord-tenant relationship in a commercial context.
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 agreement and brief description of the commercial property and intended use

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

4. Property Description: Detailed description of the rental property, including address, size, and designated use

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

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

7. Operating Costs (Nebenkosten): Allocation and calculation of operating costs and utilities

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

9. Use of Premises: Permitted commercial use and any restrictions

10. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and renovations

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

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

13. Access Rights: Landlord's right of access and inspection

14. Termination: Grounds for termination and notice requirements

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

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

Optional Sections

1. Subletting and Assignment: Terms for subletting or assigning the lease, if permitted

2. Signage Rights: Rules regarding external business signage and advertising

3. Parking: Allocation and rules for parking spaces, if applicable

4. Common Areas: Rules and cost sharing for common areas in multi-tenant buildings

5. Environmental Provisions: Special environmental requirements or restrictions

6. Competition Protection: Exclusivity clauses preventing competing businesses in the same building

7. Break Clause: Early termination options under specific conditions

8. Extension Options: Detailed terms for lease extension or renewal

9. Force Majeure: Provisions for extraordinary circumstances affecting the lease

Suggested Schedules

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

2. Inventory List: List of any fixtures, fittings, or equipment included in the lease

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

4. Maintenance Schedule: Schedule of regular maintenance responsibilities

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

6. Handover Protocol: Document recording the condition of premises at handover

7. Energy Performance Certificate: Current energy efficiency rating and certificate

8. Insurance Requirements: Detailed specifications of required insurance coverage

9. Permitted Alterations: List of pre-approved alterations or improvements

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

Real Estate

Retail

Office Space

Industrial

Hospitality

Healthcare

Financial Services

Professional Services

Technology

Manufacturing

Logistics

Education

Entertainment

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Risk and Compliance

Property Management

Asset Management

Business Development

Administrative

Relevant Roles

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Commercial Director

Operations Manager

Chief Financial Officer

Business Development Manager

Asset Manager

Lease Administrator

Real Estate Broker

Company Director

Risk Manager

Compliance Officer

Corporate Lawyer

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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