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Licence To Occupy Agreement for Germany

Licence To Occupy Agreement Template for Germany

A German law-governed License to Occupy Agreement is a legal document that grants temporary and non-exclusive rights to occupy and use specific premises without creating a landlord-tenant relationship. This agreement is structured under German civil law principles, particularly the Bürgerliches Gesetzbuch (BGB), and provides flexibility for both parties while maintaining clear boundaries between license and lease arrangements. It includes specific provisions for occupation terms, usage rights, fees, obligations, and termination procedures, all aligned with German property and contract law requirements.

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Licence To Occupy Agreement

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What is a Licence To Occupy Agreement?

The License To Occupy Agreement is commonly used in Germany when parties need a flexible arrangement for temporary use of space without the full commitments of a lease agreement. This document is particularly relevant in today's dynamic business environment where traditional long-term leases may not be suitable. It's designed to comply with German civil law requirements while providing clear terms for temporary occupation, including specific provisions for duration, permitted use, fees, and termination rights. The agreement is especially useful for co-working spaces, temporary business locations, project-specific spaces, or transitional arrangements. Unlike a lease, a License To Occupy Agreement typically offers more flexibility and fewer statutory protections, making it suitable for shorter-term or more casual arrangements while still maintaining legal clarity under German law.

What sections should be included in a Licence To Occupy Agreement?

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

2. Background: Context of the agreement and confirmation that this is a license to occupy, not a lease

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'License Period', and 'Permitted Use'

4. Grant of License: Express terms of the license grant, including its non-exclusive nature and specific areas covered

5. License Period: Duration of the license, including start and end dates

6. License Fee: Amount, payment terms, and method of payment for the license

7. Licensee Obligations: Key responsibilities of the Licensee including maintenance, conduct, and compliance with regulations

8. Licensor Obligations: Key responsibilities of the Licensor including access and basic services

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

10. Termination: Circumstances and process for termination by either party

11. Notices: Process and addresses for formal communications between parties

12. Governing Law: Confirmation of German law governance and jurisdiction

What sections are optional to include in a Licence To Occupy Agreement?

1. Utilities and Services: Include when the license includes specific arrangements for utilities or services

2. Security Deposit: Include when a security deposit is required

3. Alterations: Include when the Licensee may need to make changes to the space

4. Shared Facilities: Include when the license involves use of common areas or shared facilities

5. Operating Hours: Include for commercial properties or when access is time-restricted

6. Environmental Matters: Include when environmental compliance is particularly relevant

7. Data Protection: Include when personal data processing is involved

8. Force Majeure: Include when specific provision for extraordinary events is required

What schedules should be included in a Licence To Occupy Agreement?

1. Floor Plan: Detailed plan showing the licensed area and any shared spaces

2. Inventory: List of any furniture, equipment or items included in the license

3. House Rules: Building regulations and conduct requirements

4. Service Level Agreement: Details of any services to be provided by the Licensor

5. Fee Schedule: Detailed breakdown of license fee and any additional charges

6. Condition Report: Documentation of the condition of the space at commencement

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

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Commercial Property

Co-working Spaces

Education

Retail

Technology

Healthcare

Hospitality

Professional Services

Manufacturing

Logistics

Creative Industries

Relevant Teams

Legal

Facilities Management

Real Estate

Operations

Administration

Risk & Compliance

Property Management

Corporate Services

Finance

Business Development

Relevant Roles

Facility Manager

Property Manager

Real Estate Director

Legal Counsel

Operations Manager

Office Manager

Corporate Real Estate Manager

Space Planning Manager

Business Development Manager

Commercial Director

Contracts Administrator

Risk Manager

Company Secretary

Chief Operating 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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