This Online Lease Agreement is designed for property transactions in Germany where parties prefer digital execution and management of their lease arrangements. It combines traditional lease requirements under German civil law with modern digital capabilities, making it suitable for both residential and commercial properties. The document ensures compliance with the B眉rgerliches Gesetzbuch (German Civil Code), digital signature laws, and data protection regulations while streamlining the leasing process through online platforms. It's particularly valuable for remote transactions and situations requiring efficient, paperless property management.
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1. Parties: Identification of landlord and tenant with full legal names and addresses
2. Background: Brief context of the lease arrangement and property identification
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the rental property and included fixtures/fittings
5. Lease Term: Duration of lease, start and end dates, renewal terms
6. Rent and Payment Terms: Rent amount, payment schedule, payment methods
7. Security Deposit: Amount, payment terms, conditions for return
8. Utilities and Operating Costs: Distribution of costs between parties as per BetrKV
9. Maintenance and Repairs: Responsibilities of each party for maintenance and repairs
10. Use of Property: Permitted use and restrictions
11. Insurance Requirements: Required insurance coverage for both parties
12. Data Protection: GDPR compliance and data handling provisions
13. Electronic Communications: Consent to electronic notifications and communication
14. Termination: Conditions and process for lease termination
15. Governing Law: Application of German law and jurisdiction
16. Electronic Execution: Process and validity of electronic signature
1. Pet Clause: Include when pets are permitted, specifying conditions and additional deposits
2. Shared Spaces: Include for properties with common areas, detailing usage rules
3. Subletting: Include if subletting is permitted, with conditions
4. Renovation Clause: Include specific renovation requirements or allowances
5. Parking: Include if parking spaces are part of the lease
6. Garden Use: Include for properties with garden access
7. Home Office Use: Include if home office use is permitted
8. Energy Performance: Include specific energy efficiency obligations
9. Building Rules: Include for properties within larger complexes
1. Schedule 1: Inventory List: Detailed inventory of furniture and fittings
2. Schedule 2: Property Condition Report: Initial condition documentation with photos
3. Schedule 3: House Rules: Building or complex specific rules
4. Schedule 4: Utility Providers: List of current utility providers and account details
5. Schedule 5: Operating Costs Breakdown: Detailed breakdown of additional costs as per BetrKV
6. Appendix A: Energy Performance Certificate: Current energy performance certificate
7. Appendix B: Floor Plan: Detailed floor plan of the rental property
8. Appendix C: Maintenance Schedule: Regular maintenance requirements and schedules
9. Appendix D: Privacy Notice: Detailed GDPR-compliant privacy notice
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