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The Commercial Tenancy Agreement is a crucial legal document used when establishing a commercial property lease relationship under German law. It serves as the primary contract between a landlord and a commercial tenant, setting out the comprehensive framework for the lease of business premises, whether for retail, office, industrial, or other commercial purposes. The agreement must comply with German legal requirements, particularly the provisions of the Bürgerliches Gesetzbuch (BGB) and relevant commercial laws. While German residential leases are heavily regulated, commercial tenancy agreements offer more flexibility in their terms, though they must still adhere to certain fundamental legal principles. This document is essential for protecting both parties' interests, ensuring clear understanding of rights and obligations, and providing a legally enforceable framework for the commercial tenancy relationship.

1. Parties: Identification and details of the landlord and tenant, including full legal names, registration details for companies, and addresses

2. Background: Brief context of the agreement and description of the commercial property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the leased premises, including exact location, size, and permitted use

5. Lease Term: Duration of the lease, commencement date, and any option periods

6. Rent and Other Charges: Rent amount, payment terms, VAT treatment, and other financial obligations

7. Operating Costs (Nebenkosten): Allocation and calculation of operating costs and service charges

8. Security Deposit: Amount, form, and conditions of the security deposit

9. Use of Premises: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations

11. Insurance: Required insurance coverage for both parties

12. Alterations and Improvements: Rules regarding modifications to the premises

13. Landlord's Rights and Obligations: Key responsibilities and rights of the landlord

14. Tenant's Rights and Obligations: Key responsibilities and rights of the tenant

15. Assignment and Subletting: Conditions for transferring the lease or subletting

16. Termination: Grounds for termination and notice requirements

17. Return of Premises: Conditions for returning the property at lease end

18. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

19. Miscellaneous: Standard boilerplate provisions including severability and entire agreement

20. Execution: Signature blocks and date of agreement