The Residential Licence Agreement is utilized in Germany when a more flexible arrangement than a traditional lease is required for residential property occupation. This document type is particularly relevant for situations such as student housing, corporate accommodation, or short-term residential use where a full tenancy agreement might not be appropriate. The agreement must comply with German property law, specifically the relevant sections of the B眉rgerliches Gesetzbuch (BGB) and associated regulations. While offering more flexibility than a standard lease, it still needs to address key aspects such as notice periods, maintenance obligations, and usage rights while respecting German tenant protection provisions. The document includes essential elements like property details, licence fee structures, operating costs (Betriebskosten), house rules (Hausordnung), and registration requirements.
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1. Parties: Details of the licensor and licensee, including full legal names, addresses, and contact information
2. Background: Brief context explaining the purpose of the licence agreement and property overview
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Specific description of the licensed property, including address, room number(s), and any included facilities
5. Licence Period: Duration of the licence, including start and end dates, and any provisions for extension
6. Licence Fee: Amount of the licence fee, payment terms, and payment methods
7. Operating Costs (Betriebskosten): Breakdown of additional costs and utilities, including heating, water, and other applicable charges
8. Security Deposit: Details of the security deposit amount, payment terms, and conditions for return
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and property care
11. House Rules: Basic rules for property use and communal living
12. Registration Requirements: Obligations regarding registration with local authorities
13. Termination: Conditions and process for termination of the licence
14. Governing Law: Confirmation of German law application and jurisdiction
1. Sublicensing: Include when sublicensing might be permitted under specific conditions
2. Pets: Include when the property allows pets or needs specific pet restrictions
3. Parking: Include when parking spaces are available and need to be regulated
4. Shared Facilities: Include when the property includes access to shared amenities like laundry rooms or gardens
5. Energy Certificate: Include when specific energy efficiency details need to be highlighted
6. Renovation Clause: Include when specific renovation or restoration requirements apply
7. Insurance Requirements: Include when specific insurance obligations are required for the licensee
8. Special Access Rights: Include when the licensor needs specific access rights beyond standard legal requirements
1. Schedule 1 - Property Inventory: Detailed list of furniture, appliances, and fixtures included in the licence
2. Schedule 2 - Property Condition Report: Detailed description of the property condition at the start of the licence
3. Schedule 3 - House Rules (Hausordnung): Complete set of house rules including quiet hours, waste disposal, and common area usage
4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of all operating costs and calculation methods
5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
6. Appendix A - Energy Performance Certificate: Copy of the property's energy performance certificate
7. Appendix B - Floor Plan: Detailed floor plan of the licensed property
8. Appendix C - Heating Cost Allocation: Details of heating cost calculation and distribution method
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