Guarantee Lease Agreement Template for Germany

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Key Requirements PROMPT example:

Guarantee Lease Agreement

"I need a Guarantee Lease Agreement under German law for a commercial office space in Berlin, where the parent company will act as guarantor for a startup tenant, with the lease starting March 1, 2025, and including provisions for future expansion rights."

Document background
The Guarantee Lease Agreement is utilized in situations where additional security is required beyond a standard lease agreement, typically when the lessor seeks extra assurance regarding the lessee's ability to fulfill their obligations. This document type is particularly common in commercial leasing scenarios in Germany, though it's also used in residential contexts where tenant creditworthiness is a concern. The agreement must comply with German Civil Code (BGB) requirements for both lease agreements and guarantees, including mandatory written form for long-term leases and specific formalities for guarantee provisions. The document integrates standard lease provisions (such as property description, rent, term, and maintenance obligations) with comprehensive guarantee clauses specifying the guarantor's obligations and liability limits. This combination provides robust protection for the lessor while ensuring compliance with German tenant protection laws and guarantee regulations.
Suggested Sections

1. Parties: Identification of all parties: Lessor, Lessee, and Guarantor(s)

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Lease Object: Detailed description of the leased property and any included fixtures/fittings

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

6. Rent and Payment Terms: Rent amount, payment schedule, and payment methods

7. Security Deposit: Details of security deposit amount and handling

8. Guarantee Provisions: Scope of guarantee, guarantor's obligations and liability limits

9. Maintenance and Repairs: Responsibilities for property maintenance and repairs

10. Utilities and Operating Costs: Allocation of costs for utilities and other operating expenses

11. Insurance Requirements: Required insurance coverage for both lessee and lessor

12. Use of Property: Permitted uses of the property and any restrictions

13. Termination: Grounds for termination and notice requirements

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

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

16. Notices: Communication methods and contact details for all parties

17. Severability: Standard clause on validity of remaining provisions if others are invalid

Optional Sections

1. Commercial Use Provisions: Specific provisions for commercial properties, including business use restrictions and competition clauses

2. Residential Use Provisions: Specific provisions for residential properties, including tenant protection measures

3. Renovation and Alterations: Terms for property modifications, used when renovations are planned or permitted

4. Subletting Rights: Terms for subletting or assignment, if permitted

5. Multiple Guarantors: Additional provisions when more than one guarantor is involved

6. Index-Linked Rent Adjustment: Provisions for automatic rent adjustments based on price indices

7. Property Management: Terms regarding property management if handled by a third party

8. Parking and Common Areas: Rules for shared facilities, if applicable

9. Energy Performance: Energy efficiency details required for certain property types

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of property including floor plans and measurements

2. Schedule 2 - Inventory List: List of fixtures, fittings, and furniture included in the lease

3. Schedule 3 - Condition Report: Initial condition of the property with photographs

4. Schedule 4 - House Rules: Building regulations and rules for property use

5. Schedule 5 - Operating Costs Breakdown: Detailed list of operating costs and allocation method

6. Schedule 6 - Maintenance Schedule: Regular maintenance requirements and schedules

7. Appendix A - Guarantor Financial Information: Confidential financial information of guarantor(s)

8. Appendix B - Energy Certificate: Property energy performance certificate

9. Appendix C - Insurance Requirements: Detailed insurance specifications

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

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Banking and Finance

Property Management

Construction and Development

Relevant Teams

Legal

Real Estate

Property Management

Finance

Operations

Risk Management

Compliance

Asset Management

Facilities Management

Contract Administration

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Contract Manager

Facility Manager

Asset Manager

Leasing Manager

Risk Manager

Commercial Director

Finance Manager

Operations Manager

Compliance Officer

Property Administrator

Tenant Relations Manager

Real Estate Attorney

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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