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The Main Tenant And Subtenant Agreement is essential when a primary tenant wishes to sublet all or part of their rented property to another party in Germany. This document is particularly relevant in situations involving temporary relocations, student housing, or when tenants need to maintain their primary lease while temporarily residing elsewhere. The agreement must comply with German tenancy law, particularly the provisions of the German Civil Code (BGB), and typically requires the landlord's prior consent. It comprehensively addresses all aspects of the sublease arrangement, including rent payments, utility costs, maintenance responsibilities, and termination rights, while ensuring that both parties' interests are protected under German law. The document is structured to maintain consistency with the main lease agreement while establishing clear rights and obligations between the main tenant and subtenant.

1. Parties: Identification of the main tenant as sublessor and the subtenant, including full legal names and current addresses

2. Background: Context of the sublease, including reference to the main lease agreement and confirmation of landlord's consent where obtained

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Main Lease', 'Sublease Period', and 'Common Areas'

4. Property Description: Detailed description of the sublet space, including address and which parts of the property are included/excluded

5. Term and Termination: Duration of sublease, start/end dates, notice periods, and conditions for early termination

6. Rent and Payments: Rent amount, payment schedule, security deposit, and utility cost allocation

7. Use of Property: Permitted use of the property, occupancy limits, and house rules

8. Main Tenant's Obligations: Responsibilities of the main tenant including maintenance obligations and service provision

9. Subtenant's Obligations: Responsibilities of the subtenant including care of property, reporting damages, and compliance with house rules

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

11. Access and Inspection: Conditions under which the main tenant or landlord may enter the property

12. Notices: How and where formal communications between parties should be delivered

13. General Provisions: Standard legal clauses including governing law, severability, and entire agreement provisions