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Lease Assumption Agreement
"I need a Lease Assumption Agreement under German law for our retail store in Munich, where we're taking over an existing 5-year commercial lease from March 1, 2025, with the original tenant remaining as guarantor for the first 12 months."
1. Parties: Identification of all parties: Landlord, Original Tenant (Assignor), and New Tenant (Assignee)
2. Background: Details of the original lease agreement and circumstances leading to the assumption
3. Definitions: Key terms used throughout the agreement, including 'Lease Agreement', 'Effective Date', 'Premises', etc.
4. Assignment and Assumption: Core provision where Original Tenant assigns and New Tenant assumes all rights and obligations under the lease
5. Landlord's Consent: Express consent of the landlord to the assumption and any conditions attached
6. Effective Date: Specification of when the assumption becomes effective
7. Security Deposit: Handling and transfer of the existing security deposit or provision of new security deposit
8. Representations and Warranties: Statements by all parties regarding their authority, the lease's status, and other material facts
9. Original Tenant's Release: Terms of release (if any) of the Original Tenant from lease obligations
10. Notices: Updated notice provisions reflecting new tenant's contact information
11. Governing Law: Confirmation of German law application and jurisdiction
12. Execution: Signature blocks and execution requirements
1. Continuing Liability: Used when the Original Tenant maintains some liability - common in commercial leases
2. Rent Adjustment: Include if there are any modifications to rent terms as part of the assumption
3. Renovation/Modification Rights: Include if new tenant receives specific rights to modify the premises
4. Assignment Fees: Include if there are fees associated with the assignment process
5. Insurance: Include if there are special insurance requirements for the new tenant
6. Broker Provisions: Include if real estate brokers were involved in arranging the assumption
1. Original Lease Agreement: Copy of the original lease agreement and any amendments
2. Property Description: Detailed description of the leased premises, including floor plans if applicable
3. Inventory List: List of any furniture, fixtures, or equipment included in the lease
4. Condition Report: Current condition of the premises at time of assumption
5. Outstanding Obligations: List of any outstanding maintenance issues or payment obligations
6. Consent Documentation: Any additional documents required for landlord's consent
Authors
Real Estate
Retail
Office Commercial
Industrial
Hospitality
Healthcare
Education
Manufacturing
Logistics
Technology
Professional Services
Legal
Real Estate
Facilities Management
Operations
Finance
Procurement
Compliance
Risk Management
Corporate Services
Administration
Real Estate Manager
Property Manager
Facilities Manager
Legal Counsel
Corporate Lawyer
Lease Administrator
Asset Manager
Operations Director
Commercial Director
Real Estate Director
Procurement Manager
Contract Manager
Business Development Manager
Compliance Officer
Risk Manager
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