Contract For Use Of Property for Germany

Contract For Use Of Property Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions for the use of property, whether commercial, residential, or industrial. This document outlines the rights and obligations of both the property owner and user, incorporating requirements from the German Civil Code (BGB) and relevant property regulations. It covers essential aspects such as usage terms, payment conditions, maintenance responsibilities, operating costs allocation, and termination provisions, while ensuring compliance with German property law and tenant protection regulations.

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What is a Contract For Use Of Property?

The Contract For Use of Property is a fundamental legal instrument in German property law, essential for establishing clear terms between property owners and users. This document is commonly used when granting rights to use real estate, whether for commercial, residential, or industrial purposes. It must comply with German Civil Code (BGB) requirements, particularly sections 535-548 regarding lease agreements, and incorporate relevant provisions for operating costs (Betriebskosten), maintenance obligations, and usage restrictions. The agreement proves particularly valuable in scenarios requiring detailed documentation of property use conditions, rights, and responsibilities, while ensuring adherence to German legal standards and property regulations.

What sections should be included in a Contract For Use Of Property?

1. Parties: Identification and details of the property owner and the user, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and brief description of the property and its intended use

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including address, size, and included fixtures/fittings

5. Term and Commencement: Duration of the usage rights and start date

6. Permitted Use: Specific permitted uses of the property and any restrictions

7. Payment Terms: Usage fee amount, payment schedule, and method of payment

8. Operating Costs (Betriebskosten): Allocation and payment of operating costs as per BetrKV

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations

10. User's Obligations: Key responsibilities and obligations of the user

11. Owner's Obligations: Key responsibilities and obligations of the property owner

12. Insurance: Required insurance coverage and responsibilities

13. Termination: Conditions and process for termination of the agreement

14. Return of Property: Conditions for property return and final inspection

15. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Contract For Use Of Property?

1. Security Deposit: Terms for security deposit if required (typical for residential properties)

2. Subletting Rights: Include if subletting is to be permitted, with conditions

3. Alterations and Improvements: Include if user is permitted to make changes to the property

4. Utilities and Services: Include for properties where utility arrangements need specification

5. Signage Rights: Include for commercial properties where exterior signage is relevant

6. Parking: Include if parking spaces are part of the property use

7. Common Areas: Include for properties with shared facilities

8. Environmental Obligations: Include for properties with specific environmental requirements

9. Break Clause: Include if early termination options are to be provided

What schedules should be included in a Contract For Use Of Property?

1. Property Plan: Detailed floor plans and property boundaries

2. Inventory List: Detailed list of fixtures, fittings, and equipment included

3. Condition Report: Documentation of property condition at commencement

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

5. House Rules: Building regulations and rules if applicable

6. Energy Performance Certificate: Mandatory energy efficiency documentation

7. Maintenance Schedule: Schedule of regular maintenance responsibilities

8. Insurance Requirements: Detailed insurance specifications and requirements

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Use Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial

Retail

Hospitality

Office Space

Manufacturing

Warehousing

Agriculture

Education

Healthcare

Relevant Teams

Legal

Real Estate

Operations

Facilities Management

Asset Management

Risk & Compliance

Finance

Administration

Business Development

Property Management

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Contract Administrator

Asset Manager

Operations Manager

Real Estate Director

Compliance Officer

Property Administrator

Leasing Manager

Business Development Manager

Risk Manager

Finance Director

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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