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Real Estate Lease Contract Template for Germany

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Key Requirements PROMPT example:

Real Estate Lease Contract

"I need a Real Estate Lease Contract for a commercial office space in Berlin, commencing March 1, 2025, with specific provisions for IT infrastructure installations and 24/7 access for my technology company's operations."

Document background
The Real Estate Lease Contract (Mietvertrag) is a fundamental document in German property law, essential for establishing legally compliant leasing arrangements for both residential and commercial properties. This document is required whenever a property owner (landlord) grants temporary use of their property to another party (tenant) in exchange for rent. The contract must comply with the German Civil Code (BGB) and various other German regulations governing real estate leases, including specific provisions for operating costs, heating expenses, and energy efficiency requirements. It serves as the primary reference point for the entire duration of the lease, detailing everything from basic rent obligations to complex maintenance responsibilities and termination procedures. The document's structure and content are heavily influenced by German tenant protection laws, which are generally considered to be quite tenant-friendly compared to many other jurisdictions.
Suggested Sections

1. Parties (Vertragsparteien): Identification and complete details of landlord and tenant(s), including names, addresses, and registration details if applicable

2. Background (Vorbemerkung): Brief context of the lease agreement and property background

3. Definitions (Begriffsbestimmungen): Key terms used throughout the agreement

4. Lease Object (Mietgegenstand): Detailed description of the rental property, including address, size, rooms, and included features

5. Lease Term (Mietdauer): Duration of the lease, start date, and whether fixed-term or indefinite

6. Rent and Deposits (Miete und Kaution): Base rent amount, security deposit, payment terms, and due dates

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

8. Use of Property (Nutzung der Mietsache): Permitted uses, restrictions, and requirements for property use

9. Maintenance and Repairs (Instandhaltung und Reparaturen): Responsibilities for maintenance, repairs, and renovations

10. Alterations (Bauliche Veränderungen): Rules regarding modifications to the property

11. Access Rights (Zutrittsrechte): Landlord's rights to access the property

12. Termination (Kündigung): Conditions and notice periods for termination

13. Return of Property (Rückgabe der Mietsache): Conditions for property return at lease end

14. Final Provisions (Schlussbestimmungen): Severability clause, governing law, and jurisdiction

Optional Sections

1. Commercial Use (Gewerbliche Nutzung): Additional provisions for commercial tenants, including specific use requirements and licenses

2. Furnished Property (Möblierung): Inventory list and conditions for furnished properties

3. Subletting (Untervermietung): Rules and conditions for subletting, if permitted

4. Pet Keeping (Tierhaltung): Rules and conditions for keeping pets

5. Garden Use (Gartennutzung): Maintenance and usage rules for garden areas

6. Parking (Stellplätze): Allocation and rules for parking spaces

7. Building Rules (Hausordnung): Reference to and incorporation of building rules

8. Energy Performance (Energetische Beschaffenheit): Details about energy efficiency and related obligations

9. Insurance (Versicherungen): Requirements for insurance coverage

Suggested Schedules

1. Floor Plan (Grundriss): Detailed floor plan of the rental property

2. Handover Protocol (Übergabeprotokoll): Condition report at the start of tenancy

3. Operating Costs Breakdown (Betriebskostenaufstellung): Detailed list of operating costs and allocation method

4. House Rules (Hausordnung): Detailed building rules and regulations

5. Maintenance Schedule (Wartungsplan): Schedule for regular maintenance and responsibilities

6. Inventory List (Inventarliste): List of furnished items if applicable

7. Energy Certificate (Energieausweis): Property's energy performance certificate

8. Renovation Agreement (Renovierungsvereinbarung): Specific agreements about renovation responsibilities

9. Heating Cost Allocation (Heizkostenabrechnung): Method of calculating and allocating heating costs

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






























Clauses






























Relevant Industries

Real Estate

Property Management

Retail

Office Space

Industrial

Hospitality

Healthcare

Education

Logistics

Commercial Services

Manufacturing

Entertainment

Food and Beverage

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Property Management

Asset Management

Compliance

Finance

Administration

Risk Management

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Real Estate Agent

Asset Manager

Property Administrator

Leasing Manager

Operations Manager

Contract Manager

Real Estate Director

Building Manager

Portfolio Manager

Compliance Officer

Real Estate Partner

Property Lawyer

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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