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Security Deposit Agreement
"I need a Security Deposit Agreement for a commercial office space in Berlin with three corporate tenants sharing the space, where the deposit will be paid in three installments starting March 2025, and we need specific provisions for the return process if one tenant leaves while others remain."
1. Parties: Identification of the landlord/lessor and tenant/lessee with full legal names and addresses
2. Background: Reference to the main lease agreement and context for the security deposit requirement
3. Definitions: Key terms used in the agreement including 'Security Deposit', 'Lease Agreement', 'Interest', and 'Bank Account'
4. Amount and Payment Terms: Specification of the security deposit amount (maximum 3 months' rent) and payment schedule including installment options as per BGB §551
5. Bank Account Details: Specifications for the separate interest-bearing account where the deposit will be held
6. Interest Provisions: Terms regarding the accrual and payment of interest on the deposited amount
7. Permitted Use of Deposit: Conditions under which the landlord may access the deposit
8. Return of Deposit: Terms and timeline for the return of the deposit, including inspection requirements and deduction conditions
9. Notices: Communication requirements between parties regarding the deposit
10. Governing Law: Confirmation of German law application and jurisdiction
1. Transfer Provisions: Required if the property might be sold, addressing the transfer of deposit obligations to new owners as per BGB §566a
2. Multiple Tenants: Required when there are multiple tenants, specifying joint and several liability
3. Alternative Security: Optional section for cases where bank guarantees or other forms of security are accepted instead of cash deposit
4. Insurance Requirements: Optional section specifying any insurance requirements related to the security deposit
5. Dispute Resolution: Optional detailed procedure for handling disputes about deposit deductions
1. Schedule 1 - Payment Schedule: If installment payments are agreed, detailed payment dates and amounts
2. Schedule 2 - Bank Account Details: Full banking details and account management procedures
3. Schedule 3 - Property Condition Report: Initial condition documentation relevant for future deposit deductions
4. Appendix A - Calculation of Interest: Method for calculating and applying interest to the deposit
5. Appendix B - Deposit Return Checklist: Itemized list of conditions that must be met for deposit return
Authors
Security Deposit (Kaution)
Lease Agreement (Mietvertrag)
Property
Permitted Use
Interest Rate
Interest Period
Bank Account
Deposit Account
Landlord (Vermieter)
Tenant (Mieter)
Business Day
Lease Term
Due Date
Deductions
Property Damage
Effective Date
Return Period
Notice
Force Majeure
Inspection Report
Payment Schedule
Rental Period
Default Interest (Verzugszinsen)
Parties
Working Days
Security Interest
Deposit Amount
Banking Institution
Lease Obligations
Rental Payment
Security Purpose
Material Breach
Deposit Release
Limitation Period
Deposit Amount
Payment Terms
Bank Account Management
Interest Accrual
Use of Deposit
Return of Deposit
Property Transfer
Assignment
Default
Notices
Severability
Entire Agreement
Amendment
Governing Law
Dispute Resolution
Force Majeure
Multiple Tenants
Tenant Protection
Calculation of Interest
Deposit Investment
Inspection Rights
Reporting Requirements
Set-off Rights
Liability
Indemnification
Term and Termination
Compliance with Laws
Representations and Warranties
Further Assurance
Real Estate
Property Management
Residential Housing
Commercial Property
Banking & Financial Services
Legal Services
Property Development
Student Housing
Corporate Real Estate
Retail Property
Legal
Real Estate
Property Management
Tenant Relations
Compliance
Operations
Asset Management
Contract Administration
Facilities Management
Risk Management
Property Manager
Real Estate Agent
Legal Counsel
Tenancy Administrator
Asset Manager
Facility Manager
Leasing Manager
Compliance Officer
Real Estate Portfolio Manager
Housing Director
Tenant Relations Manager
Contract Administrator
Real Estate Operations Manager
Property Services Coordinator
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