Lifetime Occupancy Agreement Template for Germany

The Lifetime Occupancy Agreement (Lebenslanges Wohnrecht) is a specialized legal instrument under German law that provides individuals with secure, long-term housing rights while maintaining property ownership with the original owner. This document is commonly used in retirement planning, family property arrangements, or as part of care home agreements. It must comply with the German Civil Code (BGB), particularly sections relating to property rights and residential usage. The agreement is typically used when parties want to establish a more permanent arrangement than a standard lease, often in cases involving elderly care, family property transfers, or retirement housing schemes. It includes detailed provisions for property maintenance, cost allocation, potential care services, and end-of-life arrangements. The document requires notarization under German law and may need to be registered in the land registry (Grundbuch).

1. Parties: Identification of the property owner and the occupant, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and circumstances leading to the lifetime occupancy arrangement

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Occupancy Rights', 'Common Areas', and 'Maintenance'

4. Grant of Occupancy: Specific details of the occupancy right, including property description and scope of use

5. Duration and Nature of Right: Confirmation of lifetime nature of the occupancy and any surviving spouse provisions

6. Occupant's Rights: Detailed description of the occupant's permitted use, access rights, and privileges

7. Occupant's Obligations: Responsibilities including maintenance, behavioral requirements, and compliance with house rules

8. Owner's Obligations: Property maintenance, insurance, and service provision responsibilities

9. Costs and Charges: Distribution of operating costs, utilities, taxes, and other ongoing expenses

10. Repairs and Maintenance: Detailed provisions for property maintenance, including responsibility allocation

11. Insurance: Required insurance coverage by both parties

12. Termination: Limited circumstances for early termination and death provisions

13. Dispute Resolution: Process for resolving conflicts between parties

14. Final Provisions: Governing law, severability, and amendment procedures