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The Commercial Lease Agreement (gewerblicher Mietvertrag) is essential for businesses seeking to lease commercial space in Germany. This document is used when a property owner (landlord) agrees to let a commercial property to a business tenant for commercial purposes, whether for retail, office, industrial, or other business uses. The agreement must comply with German law, particularly the German Civil Code (BGB), and includes detailed provisions on rent, operating costs, maintenance obligations, and use restrictions. It's more complex than residential leases due to additional commercial considerations and less tenant protection under German law. The document typically requires notarization for long-term validity and must meet strict written form requirements. It's particularly important to include clear terms about operating costs (Nebenkosten), maintenance responsibilities, and permitted use of the premises.

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

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

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

4. Property Description: Detailed description of the leased premises, including exact location, size, and included facilities

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

6. Rent and Additional Costs: Base rent amount, payment schedule, operating costs (Nebenkosten), and indexation provisions

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

8. Use of Premises: Permitted use of the property and any restrictions

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

10. Insurance and Liability: Required insurance coverage and allocation of liability

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

12. Utilities and Services: Responsibility for utilities, services, and related costs

13. Access and Security: Landlord's access rights and security arrangements

14. Assignment and Subletting: Rules regarding transfer of lease rights and subletting

15. Termination: Grounds for termination and notice requirements

16. Return of Premises: Condition requirements and procedures for returning the premises

17. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

18. Miscellaneous: Standard provisions including severability, entire agreement, and amendments