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Company Let Agreement for Germany

Company Let Agreement Template for Germany

A German Company Let Agreement (Gewerbemietvertrag) is a legally binding commercial lease contract governed by German law, particularly the German Civil Code (BGB) and Commercial Code (HGB). This document establishes the terms and conditions for leasing commercial property in Germany, including detailed provisions for rent, maintenance, operating costs, and usage rights. It incorporates specific German legal requirements such as the written form requirement (Schriftformerfordernis) and addresses commercial tenant protections while maintaining landlord rights under German jurisdiction.

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Company Let Agreement

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What is a Company Let Agreement?

The Company Let Agreement is essential for businesses seeking to lease commercial space in Germany. This document type is specifically designed to comply with German commercial property law and provides a comprehensive framework for commercial tenancies. It addresses key aspects such as property usage rights, rent calculations, operating costs, maintenance obligations, and termination conditions. The agreement must adhere to strict German legal requirements, including the written form requirement for leases exceeding one year. It differs from residential leases in several aspects, offering more flexibility in terms of negotiation while ensuring compliance with mandatory commercial property regulations. This document is crucial for establishing clear rights and obligations between commercial landlords and business tenants.

What sections should be included in a Company Let Agreement?

1. Parties: Identification of the landlord and tenant with full legal names, registration details, and authorized representatives

2. Background: Context of the lease agreement and brief description of the property's intended commercial use

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

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

5. Permitted Use: Specified commercial purpose and limitations on use of the premises

6. Lease Term: Duration of the lease, commencement date, and any extension options

7. Rent and Other Charges: Base rent, payment terms, operating costs (Nebenkosten), and indexation provisions

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

9. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and renovations

10. Utilities and Operating Costs: Allocation of costs for utilities, services, and other operating expenses

11. Insurance and Liability: Required insurance coverage and liability provisions

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

13. Access and Security: Landlord's access rights and security arrangements

14. Termination: Grounds for termination, notice periods, and consequences

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

16. Final Provisions: Governing law, jurisdiction, written form requirement, and severability

What sections are optional to include in a Company Let Agreement?

1. Subletting and Assignment: Include when subletting or assignment rights are to be granted or specifically prohibited

2. Competition Protection: Include when the tenant requires protection against competing businesses in the same building or area

3. Operating Obligations: Include for retail spaces where continuous operation is required

4. Special Usage Rights: Include when dealing with shared facilities, parking spaces, or advertising spaces

5. Environmental Provisions: Include when the business activity involves environmental risks or special requirements

6. Option Rights: Include when providing options for lease extension or purchase rights

7. Restoration Obligations: Include when specific restoration requirements apply at the end of the lease

8. Building Management: Include for multi-tenant buildings with shared facilities and services

What schedules should be included in a Company Let Agreement?

1. Floor Plans: Detailed plans showing the exact extent of the leased premises

2. Handover Protocol: Document recording the condition of the premises at handover

3. Operating Costs Breakdown: Detailed list of operating costs and allocation method

4. Building Rules: General rules and regulations for the building

5. Technical Specifications: Details of technical installations, heating, air conditioning systems

6. Maintenance Schedule: Schedule of maintenance responsibilities for both parties

7. Approved Alterations: List of pre-approved alterations or improvements

8. Energy Certificate: Current energy performance certificate for the premises

9. Form of Bank Guarantee: Template for bank guarantee if required as security deposit

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions







































Clauses







































Relevant Industries

Real Estate

Retail

Office Space

Manufacturing

Hospitality

Healthcare

Technology

Professional Services

Logistics and Warehousing

Entertainment

Education

Financial Services

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Risk and Compliance

Property Management

Business Development

Administration

Relevant Roles

Legal Counsel

Property Manager

Facilities Manager

Real Estate Director

Chief Financial Officer

Business Development Manager

Operations Manager

Risk Manager

Compliance Officer

Contract Manager

Real Estate Broker

Asset Manager

Finance Director

Commercial Director

Industries









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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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