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Lease Transfer Agreement Template for Germany

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Key Requirements PROMPT example:

Lease Transfer Agreement

"I need a Lease Transfer Agreement for my retail store in Berlin, transferring my existing 5-year lease to a new tenant effective March 1, 2025, with specific provisions for transferring store fixtures and existing staff contracts."

Document background
The Lease Transfer Agreement (Mietvertragsübernahme) is essential when an existing tenant wishes to transfer their lease obligations to a new tenant under German law. This document is commonly used in both residential and commercial contexts when a tenant needs to exit a lease early or transfer their rights to another party. The agreement must comply with the German Civil Code (BGB) and requires the explicit consent of the landlord. It typically includes detailed provisions about the transfer of security deposits, existing obligations, and any modifications to the original lease terms. This document is particularly important in Germany due to specific legal requirements regarding lease transfers and tenant protections, making it distinct from similar agreements in other jurisdictions.
Suggested Sections

1. Parties: Identification of the Original Tenant (Transferor), New Tenant (Transferee), and Landlord

2. Background: Context of the original lease and the reason for transfer

3. Definitions: Key terms used throughout the agreement including 'Original Lease', 'Transfer Date', 'Property'

4. Transfer of Lease: Core provision transferring the lease from original tenant to new tenant

5. Effective Date: Specification of when the transfer takes effect

6. Landlord's Consent: Confirmation of landlord's approval of the transfer

7. Transferee's Covenants: New tenant's undertakings to comply with lease terms and obligations

8. Transferor's Warranties: Original tenant's warranties regarding the lease status

9. Handover Arrangements: Process for transferring possession and keys

10. Notices: How and where notices under the agreement should be served

11. Governing Law: Confirmation of German law governance and jurisdiction

Optional Sections

1. Security Deposit Transfer: Terms for transferring existing security deposit, used when there is a deposit to be transferred

2. Utilities and Services: Arrangements for transferring utility contracts and services, relevant for residential leases

3. Modifications to Original Lease: Any agreed changes to the original lease terms, included when modifications are being made

4. Outstanding Repairs: Documentation of any pending repairs or maintenance issues, used when there are unresolved maintenance matters

5. Assignment of Warranties: Transfer of any existing warranties or guarantees, relevant for commercial properties

6. Broker Provisions: Terms relating to any broker involvement, included when brokers are involved in the transfer

7. Tax Provisions: Special tax considerations, particularly relevant for commercial properties

Suggested Schedules

1. Schedule 1 - Original Lease: Copy of the original lease agreement and any amendments

2. Schedule 2 - Property Details: Detailed description of the leased property including address and any included fixtures/fittings

3. Schedule 3 - Inventory: List of any furniture or equipment included in the lease transfer

4. Schedule 4 - Condition Report: Current condition of the property at the time of transfer

5. Schedule 5 - Outstanding Amounts: Statement of any rent, utilities, or other payments due at transfer

6. Schedule 6 - Handover Protocol: Detailed procedure for the physical handover of the property

7. Appendix A - Required Certificates: Copies of necessary certificates (e.g., energy performance certificate)

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

Commercial Property

Residential Property

Retail

Manufacturing

Office Space

Hospitality

Industrial

Logistics

Healthcare

Education

Relevant Teams

Legal

Real Estate

Operations

Facilities Management

Property Management

Asset Management

Compliance

Administration

Corporate Services

Risk Management

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Corporate Real Estate Manager

Lease Administrator

Asset Manager

Operations Manager

Contract Manager

Compliance Officer

Real Estate Director

Relocation Manager

Housing Officer

Commercial Property 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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