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The Office Rental Agreement (Büromietvertrag) is essential for businesses seeking to lease commercial office space in Germany. This document is used when establishing a formal lease relationship between a commercial landlord and tenant, whether for entire buildings, floor levels, or individual office units. The agreement must comply with German legal requirements, particularly the German Civil Code (BGB) and commercial tenancy laws. It covers crucial aspects such as rent determination, operating costs allocation, maintenance responsibilities, and usage rights. An Office Rental Agreement is particularly important in Germany due to strict legal requirements regarding commercial leases, including mandatory written form requirements for long-term leases and specific provisions for operating costs calculations. The document serves as the primary reference point for the entire duration of the lease relationship and should be carefully drafted to ensure enforceability under German law.

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

2. Background: Context of the agreement and brief description of the property

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

4. Property Description: Detailed description of the rental space, including exact location, floor, size, and permitted use

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

6. Rent and Payment Terms: Base rent amount, payment schedule, and method of payment

7. Operating Costs (Nebenkosten): Breakdown of additional costs, utilities, and service charges

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

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

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

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

12. Access and Security: Provisions regarding access to the premises, keys, and security measures

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

14. Termination: Conditions and procedures for termination of the lease

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

16. Governing Law: Confirmation of German law application and jurisdiction

17. Notices: Process for formal communications between parties

18. Signatures: Execution section including date and signatures of all parties