License To Occupy Agreement Template for Germany

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Key Requirements PROMPT example:

License To Occupy Agreement

"I need a License to Occupy Agreement for a pop-up retail space in Berlin, starting March 1, 2025, for a three-month period, with the possibility of extension for another three months; the space needs to be usable 24/7 with specific provisions for window displays and signage rights."

Document background
A License To Occupy Agreement is utilized when a property owner wishes to grant temporary and limited rights to use a space without creating a full tenancy relationship under German law. This document type is particularly relevant for short-term occupancy arrangements, pop-up venues, shared workspaces, or temporary facilities. The agreement must carefully navigate German legal requirements, especially the provisions of the Bürgerliches Gesetzbuch (BGB), while maintaining its character as a license rather than a lease. It typically includes specific terms about the permitted use, duration, fees, obligations of both parties, and compliance with local regulations and Hausordnung (house rules). This agreement type offers more flexibility than traditional lease arrangements while providing clear legal framework for both licensor and licensee.
Suggested Sections

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

2. Background: Context of the agreement and confirmation that this is a license to occupy, not a lease

3. Definitions: Key terms used throughout the agreement including 'Licensed Area', 'License Period', 'License Fee', and 'Permitted Use'

4. Grant of License: Express terms of the license, including the specific rights granted and confirmation of non-exclusive nature

5. License Period: Duration of the license, including start and end dates, and any renewal provisions

6. License Fee: Amount payable, payment terms, and any additional charges or utilities

7. Permitted Use: Specific authorized uses of the Licensed Area and any restrictions

8. Licensee Obligations: Responsibilities including maintenance, compliance with regulations, and conduct requirements

9. Licensor Obligations: Responsibilities including access, maintenance of common areas, and essential services

10. Insurance and Liability: Insurance requirements and allocation of risk between parties

11. Termination: Circumstances allowing early termination and the process for ending the agreement

12. Notices: Process for formal communications between parties

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

Optional Sections

1. Security Deposit: Terms for any required security deposit - include if a deposit is required

2. Utilities and Services: Detailed arrangements for utilities if separately charged - include if not covered in License Fee

3. Alterations: Terms for any permitted modifications - include if alterations might be needed

4. Shared Facilities: Rules for using common areas - include if shared spaces are involved

5. Operating Hours: Specific times for access and use - include for commercial or restricted-access properties

6. Assignment and Sublicensing: Usually to prohibit these activities - include for longer-term licenses

7. Data Protection: GDPR compliance terms - include if personal data is processed

8. Force Majeure: Provisions for unexpected events - include for longer-term or high-value licenses

Suggested Schedules

1. Schedule 1 - Floor Plan: Detailed plan showing the Licensed Area and any shared spaces

2. Schedule 2 - Inventory: List of any furniture, equipment, or fittings provided

3. Schedule 3 - House Rules: Building regulations and conduct requirements (Hausordnung)

4. Schedule 4 - Service Charges: Breakdown of any additional charges and calculations

5. Schedule 5 - Condition Report: Documentation of the Licensed Area's condition at commencement

6. Appendix A - Access Procedures: Security and access arrangements including key/card procedures

7. Appendix B - Emergency Procedures: Safety protocols and emergency contact information

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
Relevant Industries

Real Estate

Commercial Property

Coworking Spaces

Retail

Hospitality

Education

Healthcare

Technology

Professional Services

Manufacturing

Event Management

Pop-up Retail

Relevant Teams

Legal

Real Estate

Operations

Facilities Management

Risk & Compliance

Property Management

Asset Management

Business Development

Commercial Operations

Administrative Services

Relevant Roles

Property Manager

Facility Manager

Real Estate Manager

Legal Counsel

Contract Manager

Operations Director

Space Planning Manager

Asset Manager

Commercial Director

Compliance Officer

Risk Manager

Business Development Manager

Coworking Space Manager

Pop-up Retail Manager

Events Coordinator

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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