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Sublease Agreement for Germany

Sublease Agreement Template for Germany

A German sublease agreement (Untermietvertrag) is a legally binding document governed by German civil law (BGB) that establishes the terms and conditions under which a tenant (sublandlord) leases all or part of their rented property to another party (subtenant). The agreement must comply with German tenancy laws, including specific provisions regarding consent requirements, tenant protections, and statutory notice periods. It addresses key aspects such as rent payment, duration, property use, maintenance responsibilities, and termination conditions, while ensuring alignment with the primary lease agreement and local housing regulations.

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What is a Sublease Agreement?

The Sublease Agreement is essential when a tenant wishes to lease all or part of their rented property to another party under German law. This document is commonly used in both residential and commercial contexts, requiring careful consideration of the German Civil Code (BGB) provisions and local tenancy laws. It typically becomes necessary when the original tenant needs to temporarily vacate the property, wants to share the space, or seeks to mitigate rental costs. The agreement must detail the relationship between sublandlord and subtenant while ensuring compliance with the master lease and obtaining necessary landlord consent. Key contents include precise property description, rent terms, duration, maintenance responsibilities, and specific German legal requirements such as notice periods and formal documentation requirements.

What sections should be included in a Sublease Agreement?

1. Parties: Identification of the main subtenant and sublandlord, including full legal names, addresses, and contact details

2. Background: Context of the sublease, including reference to the master lease and confirmation of required permissions

3. Definitions: Key terms used throughout the agreement, including Property, Term, Rent, and other relevant definitions

4. Property Description: Detailed description of the subleased premises, including address and specific areas included/excluded

5. Term and Commencement: Duration of the sublease, start date, end date, and any renewal options

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and late payment consequences

7. Security Deposit: Amount, terms of holding, and conditions for return of the security deposit

8. Utilities and Operating Costs: Allocation of responsibility for utilities, service charges, and other operating costs

9. Use of Property: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and property condition

11. Insurance Requirements: Required insurance coverage for both parties

12. Access Rights: Sublandlord's rights of access and notice requirements

13. Termination Rights: Conditions and procedures for early termination

14. Final Provisions: Governing law, jurisdiction, and formal requirements under German law

What sections are optional to include in a Sublease Agreement?

1. Furniture and Equipment: Details of any furnished items included in the sublease - use when property is furnished

2. Common Areas: Rules and access rights for shared facilities - include for properties with common areas

3. Commercial Use Provisions: Specific terms for commercial use - include for business premises

4. Alterations and Improvements: Terms for making changes to the property - include when alterations might be needed

5. Subletting and Assignment: Rights to further sublease - include if such rights are to be granted

6. Parking: Parking space allocation and rules - include if parking is available

7. Energy Performance: Energy efficiency details - required for certain property types

8. Pest Control: Responsibility for pest control - include in areas where this is a common issue

9. Building Rules: Specific building or complex rules - include for properties in managed buildings

What schedules should be included in a Sublease Agreement?

1. Schedule 1 - Floor Plan: Detailed plan showing the subleased area and any exclusive/common areas

2. Schedule 2 - Inventory List: Detailed list of furniture and equipment included in furnished properties

3. Schedule 3 - House Rules: Building regulations and community rules

4. Schedule 4 - Handover Protocol: Property condition report at the start of the sublease

5. Schedule 5 - Master Lease Excerpts: Relevant portions of the master lease affecting the sublease

6. Schedule 6 - Utility Agreements: Details of utility arrangements and cost allocation

7. Schedule 7 - Maintenance Schedule: Regular maintenance requirements and responsibilities

8. Appendix A - Landlord's Consent: Written consent from the primary landlord for the sublease

9. Appendix B - Energy Performance Certificate: Mandatory energy efficiency documentation

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

Rental Agreement

Cost

Free to use
Relevant legal definitions



































Clauses


































Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Retail

Office Space

Hospitality

Industrial

Coworking Spaces

Student Housing

Corporate Real Estate

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Administration

Compliance

Property Management

Corporate Services

Risk Management

Contract Administration

Relevant Roles

Property Manager

Real Estate Manager

Facilities Manager

Legal Counsel

Tenant Relations Manager

Housing Coordinator

Corporate Real Estate Manager

Leasing Administrator

Compliance Officer

Operations Manager

Real Estate Agent

Property Administrator

Contract Manager

Relocation Specialist

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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