Use And Occupancy Agreement

Use And Occupancy Agreement Template for Germany

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Key Requirements PROMPT example:

"I need a Use and Occupancy Agreement for a commercial property in Berlin, where a tech company will occupy two floors of our office building from March 1, 2025, to August 31, 2025, while their permanent location undergoes renovation."

Document background

The Use and Occupancy Agreement serves as a critical legal instrument in German property law for situations requiring temporary property use arrangements. It is commonly employed during property transitions, interim periods between formal leases, or when traditional lease agreements are not suitable. The document must comply with German Civil Code (BGB) requirements while addressing practical aspects of property occupation such as utilities, maintenance, and operating costs. This agreement type is particularly useful for scenarios including pre-lease occupancy, post-sale temporary use, or temporary relocation arrangements. It provides more flexibility than standard lease agreements while maintaining legal protections for both parties under German law.

Suggested Sections

1. Parties: Identification of the property owner/landlord and occupant with full legal names and addresses

2. Background: Context of the agreement and purpose of the temporary occupancy

3. Definitions: Key terms used throughout the agreement including 'Property', 'Occupancy Period', 'Occupancy Fee'

4. Property Description: Detailed description of the property including address and specific areas covered by the agreement

5. Term of Occupancy: Duration of the occupancy, including start and end dates, and any extension provisions

6. Occupancy Fee: Amount payable, payment schedule, and method of payment

7. Utilities and Operating Costs: Responsibility for utility payments and other operating costs as per BetrKV

8. Permitted Use: Specific purposes for which the property may be used

9. Occupant's Obligations: Maintenance, repair, and conduct requirements for the occupant

10. Owner's Obligations: Responsibilities of the owner during the occupancy period

11. Insurance Requirements: Required insurance coverage for both parties

12. Termination: Conditions and process for early termination

13. Governing Law: Specification of German law as governing law and jurisdiction

14. Signatures: Execution block for all parties

Optional Sections

1. Security Deposit: Terms for security deposit if required - optional but recommended for longer terms

2. Subletting Prohibition: Include when subletting needs to be explicitly prohibited

3. Alterations: Include when modifications to the property might be needed or must be prohibited

4. Shared Facilities: Include when the property includes common areas or shared facilities

5. Special Access Provisions: Include when specific access arrangements or restrictions apply

6. Environmental Compliance: Include when property has specific environmental requirements or certifications

7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

8. Data Protection: Include when personal data processing needs to be addressed under GDPR

Suggested Schedules

1. Schedule 1 - Property Plan: Floor plan or property layout with marked boundaries

2. Schedule 2 - Inventory List: Detailed list of any furnishings or equipment included

3. Schedule 3 - Condition Report: Documentation of property condition at start of occupancy

4. Schedule 4 - House Rules: Building/property rules and regulations (Hausordnung)

5. Schedule 5 - Utility Agreements: Copies of relevant utility transfer or setup agreements

6. Schedule 6 - Energy Certificate: Property's energy performance certificate as required by EnEV

7. Appendix A - Handover Protocol: Template for property handover documentation

8. Appendix B - Return Protocol: Template for property return documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Property Development

Facilities Management

Commercial Property

Residential Property

Construction

Retail

Hospitality

Corporate Real Estate

Industrial Property

Relevant Teams

Legal

Real Estate

Facilities Management

Property Administration

Asset Management

Operations

Compliance

Risk Management

Corporate Services

Property Development

Relevant Roles

Property Manager

Facility Manager

Real Estate Attorney

Legal Counsel

Property Administrator

Asset Manager

Real Estate Agent

Building Manager

Corporate Real Estate Manager

Leasing Manager

Operations Director

Property Development Manager

Compliance Officer

Real Estate Portfolio Manager

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