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Sub Lease Tenancy Agreement Template for Germany

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Key Requirements PROMPT example:

Sub Lease Tenancy Agreement

"I need a Sub Lease Tenancy Agreement for my fully furnished two-bedroom apartment in Berlin, which I want to sublet from January 15, 2025, to July 31, 2025, with all utilities included and a provision for my existing parking space."

Document background
The Sub Lease Tenancy Agreement is a crucial document used in Germany when a primary tenant wishes to sublet their rented property to another party. This arrangement must comply with German tenancy law, particularly the German Civil Code (BGB), and typically requires the head landlord's consent. The document outlines the specific terms of the sublease, including rent payments, duration, property use conditions, and maintenance responsibilities. It's commonly used for temporary relocations, student housing, or when tenants need to sublet due to professional commitments. The agreement must address both the relationship between sub-lessor and sub-tenant while ensuring compliance with the original lease terms and German housing regulations. Special attention is paid to operating costs (Betriebskosten), security deposit arrangements, and notice periods as required under German law.
Suggested Sections

1. Parties: Identification of the main tenant (sub-lessor) and sub-tenant, including full legal names, current addresses, and contact details

2. Background: Context of the sub-lease, including reference to the main lease agreement and confirmation of head landlord's consent where obtained

3. Definitions: Key terms used throughout the agreement including Property, Term, Rent, Security Deposit, and other relevant definitions

4. Property Details: Detailed description of the sub-let property including address, rooms included/excluded, and any shared facilities

5. Term and Termination: Duration of the sub-lease, start and end dates, notice periods, and termination conditions in accordance with German law

6. Rent and Operating Costs: Rent amount, payment terms, operating costs (Betriebskosten) allocation, and utility payment arrangements

7. Security Deposit: Amount of security deposit, payment terms, conditions for return, and interest arrangements as per German law

8. Use of Property: Permitted use of the property, restrictions, and requirements for residential use

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and decorating between sub-lessor and sub-tenant

10. Sub-tenant Obligations: Key responsibilities including property care, reporting damages, compliance with house rules

11. Sub-lessor Obligations: Key responsibilities including maintenance, repairs, and ensuring peaceful enjoyment

12. Keys and Security: Number of keys provided, security measures, and key return arrangements

13. Insurance: Required insurance coverage and responsibilities for insurance between parties

14. Data Protection: Handling of personal data in compliance with GDPR and German data protection laws

15. Governing Law: Confirmation that the agreement is governed by German law and jurisdiction

16. Signatures: Execution section for all parties to sign and date the agreement

Optional Sections

1. Pets: Rules regarding keeping pets in the property, if permitted

2. Smoking Policy: Specific rules about smoking if different from building rules

3. Parking: Details of any parking arrangements if available

4. Garden Use: Rules and responsibilities for garden use if applicable

5. Internet and Telecommunications: Arrangements for internet and telephone services if included

6. Furnished Property Provisions: Additional terms if the property is being sub-let furnished

7. Energy Efficiency: Specific provisions related to energy efficiency measures if required

8. Subletting: Whether further subletting is permitted and under what conditions

9. Renovation Works: Provisions for planned renovation works if known at the time of agreement

Suggested Schedules

1. Schedule 1 - Inventory and Condition Report: Detailed list of furniture, fixtures, and fittings with their condition at the start of the sub-lease

2. Schedule 2 - House Rules: Building or community rules that apply to the property

3. Schedule 3 - Operating Costs Breakdown: Detailed breakdown of all operating costs and their allocation

4. Schedule 4 - Handover Protocol: Document to be completed at the start and end of the tenancy recording property condition

5. Schedule 5 - Energy Performance Certificate: Copy of the property's energy performance certificate

6. Schedule 6 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

7. Appendix A - Head Landlord's Consent: Written consent from the head landlord for the sub-lease

8. Appendix B - Floor Plan: Floor plan showing the sub-let areas and any shared spaces

9. Appendix C - Utility Meters: Record of utility meter readings at the start of the sub-lease

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

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Relevant Industries

Real Estate

Residential Property

Property Management

Student Housing

Corporate Housing

Hospitality

Legal Services

Property Investment

Housing Associations

Urban Development

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Corporate Housing

Residential Leasing

Tenant Relations

Compliance

Contract Administration

Housing Services

Student Accommodations

Asset Management

Relevant Roles

Property Manager

Real Estate Lawyer

Housing Officer

Tenant Relations Manager

Leasing Coordinator

Corporate Housing Manager

Relocation Specialist

Legal Counsel

Property Administrator

Facilities Manager

Student Housing Coordinator

Tenancy Agreement Specialist

Real Estate Agent

Housing Association Manager

Compliance Officer

Property Portfolio 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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