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Rental Promissory Note for Germany

Rental Promissory Note Template for Germany

A legally binding document under German law (governed by the Bürgerliches Gesetzbuch - BGB) that combines elements of both a promissory note and a rental agreement acknowledgment. This document serves as a formal promise by the tenant to pay specified rental amounts to the landlord, typically including detailed payment terms, schedules, and obligations. It provides enhanced security for landlords while clearly documenting the tenant's payment commitments. The document must comply with German formal requirements for both rental agreements and promissory notes, making it a robust instrument for rental payment assurance.

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What is a Rental Promissory Note?

The Rental Promissory Note is commonly used in German rental transactions where additional payment security is desired beyond the standard rental agreement. It is particularly relevant in situations involving commercial leases, high-value residential rentals, or cases where the landlord requires enhanced payment assurance. The document combines the formal requirements of a promissory note under German law with specific references to the underlying rental relationship. It typically includes detailed identification of the parties, specific payment obligations, reference to the main lease agreement, and any applicable security arrangements. This document type is governed by German civil law, particularly the relevant sections of the Bürgerliches Gesetzbuch (BGB) concerning both rental law and promissory notes. It serves as both a payment security instrument and a clear documentation of rental payment obligations.

What sections should be included in a Rental Promissory Note?

1. Parties: Full legal names and addresses of the promisor (typically the tenant) and promisee (typically the landlord)

2. Background: Reference to the underlying rental agreement, including its date and essential terms, establishing the context for the promissory note

3. Definitions: Key terms used in the document, including reference to the rental property and any specific payment terms

4. Promise to Pay: Clear and unequivocal statement of the promise to pay, specifying the exact amount, currency, and payment schedule

5. Payment Terms: Detailed description of how and when payments are to be made, including payment method and due dates

6. Default Provisions: Consequences of failing to make payments as promised, including any applicable interest or penalties

7. Governing Law: Explicit statement that the note is governed by German law

8. Signatures: Space for dated signatures of all parties, with proper attestation if required

What sections are optional to include in a Rental Promissory Note?

1. Security Provisions: Include when additional security or collateral is being provided for the promised payment

2. Guarantor Details: Include when a third party is guaranteeing the payment obligations

3. Early Payment Provisions: Include when there are specific terms for early or accelerated payment options

4. Assignment Rights: Include when either party needs the right to assign the promissory note to third parties

5. Dispute Resolution: Include when specific dispute resolution procedures are desired beyond standard court proceedings

What schedules should be included in a Rental Promissory Note?

1. Payment Schedule: Detailed breakdown of payment amounts and due dates if multiple payments are involved

2. Property Details: Detailed description of the rental property referenced in the promissory note

3. Copy of Rental Agreement: Attached copy of the referenced rental agreement to which the promissory note relates

4. Security Documentation: If applicable, documentation relating to any security or collateral provided

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

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions


















Clauses


















Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Student Housing

Senior Living

Retail Space Rental

Office Space Rental

Industrial Property Rental

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Operations

Compliance

Risk Management

Asset Management

Facilities Management

Contract Administration

Tenant Relations

Relevant Roles

Property Manager

Real Estate Manager

Leasing Manager

Legal Counsel

Contracts Administrator

Asset Manager

Property Administrator

Facilities Manager

Real Estate Attorney

Compliance Officer

Risk Manager

Housing Director

Tenant Relations Manager

Real Estate Operations Manager

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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