The Deed of Assignment of Tenancy is a crucial document used in German property law when an existing tenant wishes to permanently transfer their tenancy rights and obligations to a new tenant. This document is particularly important in situations where a direct lease termination and new lease creation is not desired or practical. The deed must comply with German Civil Code (BGB) requirements and typically includes detailed information about the property, parties involved, original lease terms, and specific conditions of the assignment. It serves as a legally binding agreement that ensures the new tenant steps into the shoes of the original tenant while maintaining the landlord's rights and the original lease conditions. The document is commonly used in both residential and commercial contexts, requiring careful drafting to ensure all German legal requirements are met and the interests of all parties are protected.
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1. Parties: Identification of the Landlord, Current Tenant (Assignor), and New Tenant (Assignee), including full legal names and addresses
2. Background: Context of the existing tenancy and reason for assignment
3. Definitions: Key terms used throughout the deed, including 'Property', 'Existing Lease', 'Assignment Date', etc.
4. Details of Original Tenancy: Summary of the existing lease terms, including property description, rent, and key dates
5. Assignment: Core provisions affecting the transfer of rights and obligations from Assignor to Assignee
6. Landlord's Consent: Express written consent of the landlord to the assignment as required under German law
7. Effective Date: Specification of when the assignment takes effect
8. Assignor's Warranties: Confirmations from the current tenant regarding the status of the tenancy
9. Assignee's Covenants: New tenant's commitment to comply with original lease terms
10. Rent and Deposits: Provisions regarding handling of rent payments and transfer of security deposits
11. Execution: Formal signing requirements and witness provisions
1. Condition Report: Section documenting the current condition of the property, used when there are specific concerns about property condition
2. Outstanding Claims: Section addressing any existing disputes or claims, needed if there are ongoing issues
3. Utilities and Services: Section dealing with transfer of utility accounts and services, needed if these are in the tenant's name
4. Property Management: Section required when there is a property manager involved in addition to the landlord
5. Break Clause: Optional provisions for early termination rights, if agreed by all parties
6. Renovation Works: Section needed if there are ongoing or planned renovation works that need to be addressed
1. Schedule 1 - Property Details: Detailed description of the property including address and any included fixtures and fittings
2. Schedule 2 - Original Lease: Copy of the original lease agreement
3. Schedule 3 - Inventory: Current inventory and condition report of the property
4. Schedule 4 - Outstanding Matters: List of any pending maintenance issues or disputes
5. Appendix A - Consent Form: Formal landlord consent documentation
6. Appendix B - Handover Protocol: Document recording meter readings, key handover, and other practical matters
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