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Commercial Office Lease Agreement Template for Germany

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Key Requirements PROMPT example:

Commercial Office Lease Agreement

"I need a Commercial Office Lease Agreement for a tech startup leasing two floors (1000m²) in a Munich office building, starting March 1, 2025, with specific provisions for 24/7 access and the installation of server rooms."

Document background
The Commercial Office Lease Agreement is a fundamental document in German commercial real estate transactions, used when a business or organization seeks to lease office space for commercial purposes. This agreement is subject to German law, particularly the provisions of the German Civil Code (BGB) and commercial regulations. It outlines crucial aspects such as lease duration, rent payments, service charges, maintenance responsibilities, and permitted use of the premises. The document must comply with the strict written form requirements under German law and typically includes comprehensive provisions for operating costs, energy efficiency requirements, and building regulations. This type of agreement is more flexible than residential leases but requires careful attention to commercial terms and regulatory compliance.
Suggested Sections

1. Parties: Identification and details of the landlord and tenant, including registration details for companies

2. Background: Brief context of the lease arrangement and property background

3. Definitions: Key terms used throughout the agreement including Property, Lease Term, Rent, Service Charges

4. Lease Grant: The formal grant of the lease and specification of the leased premises

5. Term: Duration of lease, commencement date, and any option periods

6. Rent: Base rent amount, payment terms, due dates, and indexation provisions

7. Service Charges and Operating Costs: Details of additional costs, calculation methods, and payment terms according to BetrKV

8. Utilities and Energy Costs: Provisions for utility supplies and energy cost allocation

9. Security Deposit: Amount and form of security deposit or bank guarantee

10. Use of Premises: Permitted use, compliance with regulations, and operating hours

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

12. Insurance: Required insurance coverage for both parties

13. Alterations: Rules regarding structural and non-structural changes to the premises

14. Assignment and Subletting: Conditions for transferring the lease or subletting

15. Landlord's Obligations: Core obligations of the landlord including maintenance of common areas

16. Tenant's Obligations: Core obligations of the tenant including compliance with regulations

17. Termination: Grounds for termination, notice periods, and consequences

18. Return of Premises: Conditions for returning the premises at lease end

19. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

20. Miscellaneous: Standard provisions including severability, entire agreement, and notices

Optional Sections

1. Fit-out Works: Detailed provisions for initial fit-out works, only needed if premises require modification before occupation

2. Handover Condition: Specific conditions for premises handover, included when premises require particular preparation

3. Break Rights: Early termination rights, included when parties agree to break options

4. Rent-Free Period: Terms of any rent-free period, included when such incentives are offered

5. Competition Protection: Restrictions on leasing to competitors, included in retail or specific commercial contexts

6. Special Use Requirements: Specific provisions for particular business types or regulated industries

7. Environmental Provisions: Additional environmental obligations beyond standard requirements

8. Signage Rights: Detailed provisions for external and internal signage, important for retail or prominent tenants

9. Parking: Specific provisions for parking spaces if included in the lease

10. Expansion Rights: Rights of first refusal or options for additional space

Suggested Schedules

1. Floor Plans: Detailed plans showing the leased premises and common areas

2. Specification of Premises: Technical description of the premises including fixtures and fittings

3. Service Charge Schedule: Detailed breakdown of service charge items and calculation methods

4. Building Rules: House rules and regulations for the building

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

6. Operating Costs Catalogue: Detailed list of operating costs according to BetrKV

7. Maintenance Schedule: Division of maintenance and repair responsibilities

8. Fit-out Guidelines: Technical specifications and requirements for tenant improvements

9. Building Insurance Terms: Summary of building insurance coverage

10. Energy Certificate: Current energy performance certificate for the building

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















































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Relevant Industries

Commercial Real Estate

Professional Services

Financial Services

Technology

Healthcare

Consulting

Insurance

Banking

Legal Services

Media and Communications

Manufacturing (Corporate Offices)

Retail (Administrative Offices)

Education (Private Institutions)

Non-Profit Organizations

Relevant Teams

Legal

Facilities Management

Operations

Finance

Administration

Real Estate

Procurement

Risk and Compliance

Corporate Services

Property Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Facilities Manager

Real Estate Manager

Property Manager

Legal Counsel

Corporate Lawyer

Operations Director

Office Manager

Administrative Manager

Finance Director

Business Development Manager

Procurement Manager

Real Estate Director

Asset Manager

Lease Administrator

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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