The Commercial Lease Notice of Default is a crucial document in German commercial property management, used when a tenant has breached significant terms of their lease agreement. This document serves as a formal notification required under German law before pursuing more serious legal remedies such as lease termination or legal proceedings. It must comply with specific requirements of the German Civil Code (BGB) regarding form and content. The notice typically addresses issues such as payment defaults, unauthorized use of premises, or other material breaches of the lease terms. It must clearly state the nature of the default, provide evidence of the breach, specify the required remedy, and set out the timeframe for compliance. This document is particularly important as it often serves as a prerequisite for any further legal action and must be carefully drafted to ensure enforceability under German law.
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1. Sender Details: Full legal name and address of the landlord or property management company
2. Recipient Details: Full legal name and address of the tenant, including any registration numbers
3. Property Identification: Clear identification of the leased premises, including address and any relevant unit numbers
4. Reference Information: Date, lease agreement reference number, and any previous correspondence references
5. Default Description: Clear statement of the breach or default, including specific details of the violation
6. Legal Basis: Reference to relevant lease provisions and applicable laws (BGB sections) that have been breached
7. Payment Details/Remedy Requirements: Specific amounts owed or actions required to remedy the default
8. Cure Period: Clear statement of the deadline for remedying the default
9. Consequences: Description of legal consequences if the default is not remedied within the specified period
1. Previous Notifications: Reference to any previous warnings or notices - include if there has been prior correspondence about the default
2. Interest Calculations: Detailed breakdown of interest charges - include if claiming default interest
3. Additional Costs: List of additional costs or damages - include if claiming supplementary charges
4. Without Prejudice Statement: Reservation of additional legal rights - include if anticipating further legal action
5. Settlement Options: Proposed payment plans or settlement terms - include if willing to negotiate terms
1. Payment History: Detailed record of missed payments and payment history
2. Lease Extract: Relevant sections of the lease agreement pertaining to the default
3. Photographic Evidence: If default relates to property damage or unauthorized modifications
4. Calculation Schedule: Detailed breakdown of amounts owed, including any interest or penalties
5. Prior Correspondence: Copies of previous relevant communications regarding the default
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