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Lease Assumption Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Lease Assumption Agreement is essential when an existing tenant wishes to transfer their lease obligations to a new tenant in Germany. This document is commonly used in situations such as business transfers, corporate reorganizations, or when a tenant needs to exit a lease early but has found a suitable replacement. The agreement must comply with German Civil Code requirements and typically includes detailed provisions about the transfer of rights, obligations, and security deposits, as well as the specific conditions under which the landlord gives consent. The document serves to protect all parties' interests by clearly defining the terms of the assumption, including any continuing obligations of the original tenant and the effective date of the transfer. This type of agreement is particularly crucial in commercial leasing but is also relevant for residential properties, requiring careful attention to both federal and state-specific German tenancy laws.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Real Estate

Retail

Office Commercial

Industrial

Hospitality

Healthcare

Education

Manufacturing

Logistics

Technology

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Procurement

Compliance

Risk Management

Corporate Services

Administration

Relevant Roles

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

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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