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Sublease Deposit Agreement

Sublease Deposit Agreement Template for Germany

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Key Requirements PROMPT example:

Sublease Deposit Agreement

"I need a Sublease Deposit Agreement for my Berlin apartment where I'll be subletting to a student and holding a deposit of two months' rent (1200€), with the sublease starting March 1, 2025; the agreement should include provisions for deposit return and property damage assessment."

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Document background
The Sublease Deposit Agreement is essential when a tenant subleases property in Germany and requires a security deposit from their subtenant. This document is particularly relevant in situations involving temporary housing, student accommodation, or commercial space sharing. It must comply with German Civil Code (BGB) requirements, especially § 551 regarding deposit limitations and handling. The agreement typically includes deposit amount, payment terms, bank account details, permitted deductions, return conditions, and interest arrangements. It protects both main tenant and subtenant by clearly defining responsibilities and procedures for deposit management. This document is commonly used alongside the main sublease agreement and should reference relevant provisions of the primary lease to ensure consistency and legal compliance.
Suggested Sections

1. Parties: Identification of the main tenant (as deposit holder) and subtenant (as deposit provider), including full legal names and addresses

2. Background: Context of the sublease relationship, reference to the main sublease agreement, and purpose of this deposit agreement

3. Definitions: Key terms used throughout the agreement, including 'Security Deposit', 'Sublease Agreement', 'Property', and 'Permitted Deductions'

4. Deposit Amount and Payment: Specification of the deposit amount, payment method, and deadline for payment

5. Deposit Administration: Details of how the deposit will be held, including bank account information and interest arrangements as per BGB § 551

6. Use of Deposit: Circumstances under which the deposit may be used, including permitted deductions and notification requirements

7. Return of Deposit: Conditions and timeline for deposit return, including inspection procedures and deduction calculations

8. Governing Law: Confirmation that the agreement is governed by German law and specific reference to relevant BGB provisions

9. Signatures: Execution section for both parties, including date and place of signing

Optional Sections

1. Interest Arrangements: Detailed provisions for interest calculation and distribution, used when parties agree to specific interest terms beyond statutory requirements

2. Third-Party Rights: Include when the main landlord has specific rights or involvement in the deposit arrangement

3. Dispute Resolution: Additional procedures for handling disputes about deposit deductions, used when parties want specific resolution processes

4. Insurance Requirements: Include when specific insurance policies are required to protect the deposit or property

5. Early Termination Provisions: Special arrangements for deposit handling in case of early sublease termination

6. Language Provisions: Include when agreement is bilingual or when parties need to specify controlling language version

Suggested Schedules

1. Schedule 1 - Property Inventory: Detailed inventory of property condition at sublease start, referenced for deposit deductions

2. Schedule 2 - Bank Account Details: Specific information about the deposit account, including account holder, bank details, and reference numbers

3. Schedule 3 - Permitted Deductions List: Comprehensive list of circumstances allowing deposit deductions and calculation methods

4. Appendix A - Main Lease Extract: Relevant sections of the main lease agreement affecting deposit handling

5. Appendix B - Handover Protocol Template: Template for recording property condition at move-in and move-out

6. Appendix C - Deposit Calculation Form: Standard form for calculating deposit deductions and returns

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Residential Property

Commercial Property

Property Management

Banking & Financial Services

Legal Services

Student Housing

Corporate Housing

Hospitality

Shared Office Space

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Compliance

Risk Management

Operations

Housing Administration

Tenant Relations

Document Management

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Compliance Officer

Housing Coordinator

Tenant Relations Manager

Facilities Manager

Corporate Housing Manager

Student Housing Administrator

Real Estate Administrator

Property Operations Manager

Lease Administrator

Risk Manager

Industries
BGB § 540: Regulates the permissibility of subleasing and establishes when a tenant may sublease the property
BGB § 551: Governs security deposits in rental agreements, including maximum amount (3 months' rent) and handling requirements
BGB § 553: Details the conditions under which a tenant has the right to sublease and landlord's obligation to permit subleasing
BGB § 566: Addresses the legal principle of 'sale does not break hire' and its implications for subleases
BGB § 549: Specifies which residential tenancy law provisions apply to different types of rental agreements
BGB § 566a: Regulates security deposits in case of property sale or change of landlord
BGB § 164-181: General provisions on agency and representation, relevant for determining who can act on behalf of parties
German Banking Act (Kreditwesengesetz): Relevant sections regarding the handling of security deposits and separate bank accounts
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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