Commercial Lease Assignment Agreement Template for Germany

The Commercial Lease Assignment Agreement is essential when a commercial tenant wishes to transfer their lease obligations to another party under German law. This situation commonly arises during business acquisitions, reorganizations, or when a tenant needs to relocate before their lease expires. The document ensures compliance with German commercial property laws, particularly the BGB (German Civil Code) requirements for commercial leases. It includes detailed provisions about the transfer of rights and obligations, handling of security deposits, outstanding maintenance obligations, and any specific conditions required by the landlord. The agreement protects all parties' interests by clearly documenting the terms of the assignment and ensuring proper consent from the landlord. It is particularly important in Germany due to strict formal requirements for commercial lease transfers and the need to maintain the Schriftform requirement for long-term lease agreements.

1. Parties: Identification of the Landlord, Current Tenant (Assignor), and New Tenant (Assignee), including full legal names, registration details, and addresses

2. Background: Details of the original lease agreement, reason for assignment, and confirmation that landlord's consent has been obtained

3. Definitions: Definitions of key terms used throughout the agreement, including 'Lease', 'Assignment Date', 'Property', and other relevant terms

4. Assignment: Core provision transferring the lease from Assignor to Assignee, including the effective date and scope of the assignment

5. Assignor's Obligations: Obligations and warranties of the current tenant, including payment of outstanding amounts and disclosure of material information

6. Assignee's Covenants: New tenant's undertaking to comply with lease terms and perform all tenant obligations from the assignment date

7. Landlord's Consent: Formal documentation of the landlord's approval of the assignment and any conditions attached

8. Rent and Deposits: Handling of rent payments, security deposits, and other financial matters during the transition

9. Handover Provisions: Arrangements for physical handover of the property and any inventory

10. Liability Provisions: Allocation of liabilities between Assignor and Assignee, including pre-existing and future obligations

11. Notices: Procedure for serving formal notices under the agreement

12. Governing Law: Confirmation of German law as governing law and jurisdiction provisions