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Subcontract Lease Agreement Template for Germany

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Key Requirements PROMPT example:

Subcontract Lease Agreement

"I need a Subcontract Lease Agreement under German law for subletting my commercial office space in Berlin to a tech startup, including provisions for shared meeting rooms and IT infrastructure, starting March 1, 2025."

Document background
The Subcontract Lease Agreement is essential in situations where an existing tenant wishes to sublease their rented property in Germany. This document is commonly used in both residential and commercial contexts, such as when tenants need to temporarily relocate, optimize unused space, or manage property costs. The agreement must strictly comply with German legal requirements, including obtaining landlord consent as per §540 BGB. It establishes the legal framework for the sublease relationship, defining rights and obligations of both sublessor and sublessee, while ensuring compliance with the master lease terms. The document includes crucial details about property use, rent payments, operating costs, maintenance responsibilities, and termination conditions, all structured according to German legal standards and practice.
Suggested Sections

1. Parties: Identification of the main tenant (sublessor) and subtenant (sublessee), including full legal names and addresses

2. Background: Context of the sublease, reference to the master lease, and confirmation of landlord's consent

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

4. Subject Matter of Lease: Detailed description of the subleased property and its permitted use

5. Term and Termination: Duration of sublease, start/end dates, notice periods, and termination conditions

6. Rent and Payment Terms: Rent amount, payment schedule, security deposit, and utility costs

7. Operating Costs and Utilities: Allocation of operating costs (Betriebskosten) and utility charges

8. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and damage resolution

9. Sublessee Obligations: Key responsibilities including property care, compliance with house rules, and insurance requirements

10. Sublessor Warranties: Confirmations regarding master lease compliance and property condition

11. Return of Property: Conditions and procedures for property return at lease end

12. Final Provisions: Governing law, jurisdiction, written form requirements, and severability

Optional Sections

1. Furniture and Equipment: Details of any furnished items included in the sublease, used when property is let furnished

2. Commercial Use Provisions: Specific terms for commercial property use, including business hours and signage rights

3. Renovation and Modifications: Rights and conditions for making changes to the property, if permitted

4. Building Services: Special provisions for shared facilities or services in commercial buildings

5. Subletting and Assignment: Terms for further subletting or assignment, if allowed

6. Insurance Requirements: Specific insurance obligations beyond standard requirements

7. Energy Efficiency: Energy performance details and obligations, required for certain property types

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the subleased property, including floor plans and measurements

2. Schedule 2 - Inventory List: Detailed list of furniture, fixtures, and equipment included in the sublease

3. Schedule 3 - House Rules: Building regulations and guidelines applicable to the property

4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of operating costs and allocation method

5. Schedule 5 - Handover Protocol: Template for recording property condition at start and end of sublease

6. Schedule 6 - Master Lease Excerpt: Relevant provisions from the master lease affecting the sublease

7. Appendix A - Landlord's Consent: Written consent from the property owner for the sublease

8. Appendix B - Energy Performance Certificate: Current energy performance certificate for the property

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

Commercial Property

Residential Property

Retail

Office Space

Hospitality

Co-working Spaces

Industrial

Healthcare

Education

Technology

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Compliance

Risk Management

Administration

Property Management

Asset Management

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Contract Manager

Real Estate Agent

Lease Administrator

Operations Manager

Office Manager

Business Development Manager

Commercial Manager

Asset Manager

Property Administrator

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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