Change Of Tenant Lease Addendum Template for Germany

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Key Requirements PROMPT example:

Change Of Tenant Lease Addendum

I need a Change of Tenant Lease Addendum for my Berlin apartment where the current tenant is moving out on March 1, 2025, and the new tenant needs to take over the existing furnishings as part of the agreement.

Document background
The Change Of Tenant Lease Addendum is a crucial document used in German property law when one tenant needs to be replaced by another while keeping the original lease agreement in force. This situation commonly arises in cases of shared housing changes, early lease terminations with immediate replacement, or when a tenant needs to move out and has found a suitable replacement. The document ensures compliance with German tenancy law (particularly the BGB §§ 535-577a), addressing key aspects such as security deposit transfers, liability transitions, and proper documentation of the change. It protects all parties' interests by clearly defining the timing and terms of the tenant change, responsibilities for any existing damage or outstanding payments, and ensuring proper transfer of all associated rights and obligations.
Suggested Sections

1. Parties: Identification of all parties: current landlord, departing tenant(s), and incoming tenant(s)

2. Background: Reference to original lease agreement, reason for change, and current status

3. Definitions: Key terms used in the addendum including 'Original Lease', 'Effective Date', 'Premises'

4. Transfer Date: Specific date when the change of tenant becomes effective

5. Assignment of Rights and Obligations: Transfer of tenant rights and obligations from departing to incoming tenant

6. Security Deposit Arrangements: Handling of existing security deposit and arrangements for new deposit

7. Condition of Premises: Current state of the property and acknowledgment by all parties

8. Continuing Validity: Confirmation that all other terms of the original lease remain unchanged

9. Signatures: Execution section for all parties including dates and signatures

Optional Sections

1. Utilities and Services Transfer: Required if utilities accounts need to be transferred between tenants

2. Inventory List Update: Required for furnished properties or where fixtures/fittings are included

3. Outstanding Payments: Include if there are any rent arrears or outstanding charges to be addressed

4. Special Arrangements: Any specific agreements between old and new tenants regarding furniture or improvements

5. Property Manager Authorization: Required if property is managed by a third party

6. SCHUFA Clause: Credit check authorization for new tenant if required by landlord

Suggested Schedules

1. Schedule 1 - Original Lease Agreement: Copy of the original lease agreement being modified

2. Schedule 2 - Property Handover Protocol: Detailed documentation of property condition and meter readings

3. Schedule 3 - Security Deposit Certificate: Documentation of security deposit transfer or new arrangement

4. Schedule 4 - Identification Documents: Copies of ID documents for new tenant(s)

5. Schedule 5 - House Rules: Current house rules acknowledged by new tenant

6. Appendix A - Utility Readings: Current meter readings for electricity, water, heating, etc.

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Real Estate

Residential Property

Commercial Property

Property Management

Legal Services

Housing

Property Investment

Student Housing

Corporate Housing

Relevant Teams

Legal

Property Management

Residential Leasing

Asset Management

Operations

Administrative Support

Tenant Relations

Contract Administration

Real Estate Operations

Compliance

Relevant Roles

Property Manager

Lease Administrator

Legal Counsel

Real Estate Manager

Housing Coordinator

Tenancy Relations Officer

Property Administrator

Residential Leasing Manager

Real Estate Legal Assistant

Building Manager

Asset Manager

Student Housing Coordinator

Corporate Housing 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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