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Assignment And Sublease Template for Germany

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Key Requirements PROMPT example:

Assignment And Sublease

"I need an Assignment and Sublease agreement for our retail space in Munich, where we (Fashion Retail GmbH) will assign our primary lease to NewCo GmbH, who will then sublease 70% of the space back to us from March 1, 2025."

Document background
The Assignment And Sublease agreement is utilized when an existing tenant wishes to transfer their lease rights to another party while simultaneously creating a sublease arrangement. This document is particularly relevant in the German market where strict tenant protection laws and formal requirements must be observed. It's commonly used in commercial real estate transactions, corporate restructuring, or when businesses need to optimize their real estate portfolio. The agreement must comply with the German Civil Code (BGB) requirements for both assignments (§§ 398-413) and leases (§§ 535-548), including obtaining necessary landlord consents and documenting property conditions. The document includes comprehensive provisions for the transfer of rights and obligations, rent payments, maintenance responsibilities, and operating costs allocation, while ensuring compliance with German commercial property regulations and registration requirements.
Suggested Sections

1. Parties: Identification of all parties: Current Tenant (Assignor), New Tenant (Assignee/Sublessor), and Subtenant, including full legal names and addresses

2. Background: Context of the transaction, including details of the primary lease and reasons for assignment and sublease

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Primary Lease, Assignment Date, and Sublease Term

4. Assignment Provisions: Terms of the assignment, including the transfer of rights and obligations under the primary lease

5. Consideration: Details of any payment for the assignment and security deposits

6. Sublease Terms: Specific terms of the sublease, including duration, rent, and permitted use of the property

7. Consent and Acknowledgment: Confirmation of landlord's consent to both assignment and sublease

8. Handover Provisions: Details regarding the physical handover of the property and any inventory

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations

10. Insurance and Liability: Insurance requirements and allocation of liability between parties

11. Termination: Circumstances and procedures for termination of the assignment and sublease

12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

Optional Sections

1. Utilities and Operating Costs: Detailed provisions about utility responsibilities and operating costs - include if these are being handled differently from the primary lease

2. Alterations and Improvements: Terms regarding modifications to the property - include if renovations or alterations are planned

3. Environmental Provisions: Specific environmental obligations and compliance - include for industrial or commercial properties

4. Registration Requirements: Provisions regarding land registry requirements - include if the assignment needs to be registered

5. Property Management: Specific provisions about property management - include for larger commercial properties

6. Energy Efficiency: Energy efficiency obligations and certificates - include if required by EnEV regulations

Suggested Schedules

1. Schedule 1 - The Property: Detailed description of the property including floor plans and boundaries

2. Schedule 2 - Primary Lease: Copy or key terms of the original lease being assigned

3. Schedule 3 - Rent and Payment Terms: Detailed breakdown of rent, payment schedules, and review mechanisms

4. Schedule 4 - Condition Report: Detailed inventory and condition report of the property at assignment

5. Schedule 5 - Landlord's Consent: Copy of landlord's written consent to assignment and sublease

6. Schedule 6 - Operating Costs: Detailed breakdown of operating costs and allocation between parties

7. Appendix A - Handover Protocol: Template for recording the physical handover of the property

8. Appendix B - House Rules: If applicable, building or property complex rules and regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































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Relevant Industries

Commercial Real Estate

Retail

Manufacturing

Office Space

Industrial

Hospitality

Healthcare

Education

Technology

Logistics

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Risk & Compliance

Property Management

Asset Management

Corporate Services

Administration

Relevant Roles

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Corporate Lawyer

Real Estate Director

Operations Manager

Asset Manager

Lease Administrator

Commercial Property Manager

Business Development Manager

Chief Financial Officer

Risk Manager

Compliance Officer

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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