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Facility Rental Agreement for Germany

Facility Rental Agreement Template for Germany

A comprehensive legal document governed by German law that establishes the terms and conditions for the rental of commercial or industrial facilities. This agreement is structured in accordance with the German Civil Code (BGB) and related commercial property regulations, detailing the rights and obligations of both landlord and tenant. It covers essential elements such as rental terms, payment conditions, maintenance responsibilities, permitted use, and operating costs, while ensuring compliance with German commercial property laws and local regulations. The document incorporates specific German legal requirements regarding commercial leases, including provisions for Betriebskosten (operating costs) and statutory notice periods.

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What is a Facility Rental Agreement?

The Facility Rental Agreement is a crucial legal instrument used when a party seeks to rent commercial or industrial space in Germany. This document is essential for businesses requiring operational space and property owners looking to lease their facilities. The agreement must comply with German legal requirements, particularly the German Civil Code (BGB) and commercial property regulations. It typically includes detailed provisions about the property, rental terms, maintenance obligations, operating costs (Betriebskosten), and usage rights. The Facility Rental Agreement serves as the primary document governing the landlord-tenant relationship in commercial property matters, providing legal certainty and clear guidelines for both parties throughout the rental period. It's particularly important in the German context due to specific legal requirements regarding commercial leases, notice periods, and operational cost allocations.

What sections should be included in a Facility Rental Agreement?

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

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

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

4. Property Description: Detailed description of the rental facility, including address, size, and included areas

5. Term and Commencement: Duration of the rental period, start date, and any renewal options

6. Rent and Payment Terms: Rental amount, payment schedule, security deposit, and other financial terms

7. Operating Costs and Utilities: Allocation of operating costs, utility charges, and service charges (Betriebskosten)

8. Use of Property: Permitted uses of the facility and any restrictions

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

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

11. Access and Security: Rules regarding access to the facility and security measures

12. Termination: Grounds for termination, notice periods, and procedures

13. Return of Property: Conditions for returning the property at the end of the lease

14. Final Provisions: Governing law, jurisdiction, and standard boilerplate clauses

What sections are optional to include in a Facility Rental Agreement?

1. Subletting and Assignment: Include when subletting or assignment rights are to be addressed

2. Alterations and Improvements: Include when tenant is permitted to make modifications to the facility

3. Environmental Provisions: Include for properties where environmental compliance is particularly relevant

4. Signage Rights: Include when exterior or interior signage rights are granted

5. Parking: Include when parking spaces are part of the rental

6. Common Areas: Include when the facility is part of a larger complex with shared areas

7. Competition Protection: Include when exclusivity or non-compete provisions are required

8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

9. Option to Purchase: Include when tenant is granted a future purchase option

What schedules should be included in a Facility Rental Agreement?

1. Floor Plan: Detailed plans showing the rented space and measurements

2. Inventory List: List of any furniture, equipment, or fixtures included in the rental

3. Operating Costs Breakdown: Detailed list of operating costs and their allocation

4. House Rules: Building regulations and conduct rules

5. Handover Protocol: Template for documenting the condition at handover

6. Maintenance Schedule: Schedule of regular maintenance responsibilities

7. Building Technical Specifications: Technical details of building systems and infrastructure

8. Energy Performance Certificate: Mandatory energy efficiency documentation

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Rental Agreement

Cost

Free to use
Relevant legal definitions









































Clauses



































Relevant Industries

Commercial Real Estate

Retail

Manufacturing

Logistics and Warehousing

Office Space

Industrial

Healthcare

Education

Hospitality

Technology

Entertainment

Professional Services

Relevant Teams

Legal

Operations

Finance

Real Estate

Facilities Management

Procurement

Risk Management

Compliance

Business Development

Property Management

Relevant Roles

Facility Manager

Real Estate Director

Operations Manager

Chief Financial Officer

Legal Counsel

Property Manager

Business Development Manager

Procurement Manager

Regional Manager

Site Manager

Expansion Director

Asset Manager

Corporate Real Estate Manager

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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