Early Occupancy Agreement Lease Addendum for Germany

Early Occupancy Agreement Lease Addendum Template for Germany

This document serves as a legal addendum to a primary lease agreement under German law (Bürgerliches Gesetzbuch - BGB), enabling tenants to occupy a property before the official start date of their lease term. It outlines the specific terms, conditions, rights, and obligations of both parties during the early occupancy period, including provisions for rent, utilities, insurance, and property condition documentation. The agreement ensures compliance with German tenancy laws while protecting both landlord and tenant interests during this interim period. It includes necessary provisions for property handover, liability allocation, and the relationship to the main lease agreement.

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What is a Early Occupancy Agreement Lease Addendum?

The Early Occupancy Agreement Lease Addendum is utilized when circumstances require a tenant to move into a property before the official lease commencement date. This situation commonly arises in commercial and residential contexts where renovation works are nearly complete, or business necessity demands earlier occupation. Under German law, this document provides a crucial legal framework for managing this interim period, protecting both parties' interests while ensuring compliance with the Bürgerliches Gesetzbuch (BGB) and related regulations. The addendum typically includes specific provisions for early access, temporary payment terms, utility responsibilities, insurance requirements, and property condition documentation. It's essential for risk management and clearly defining the relationship between this early occupancy period and the main lease agreement.

What sections should be included in a Early Occupancy Agreement Lease Addendum?

1. Parties: Identification of the landlord and tenant, including full legal names and addresses

2. Background: Reference to the main lease agreement and explanation of why early occupancy is needed

3. Definitions: Key terms used in the addendum, including 'Early Occupancy Period', 'Original Lease Commencement Date', etc.

4. Early Occupancy Period: Specific start date and duration of the early occupancy period

5. Rent and Payments: Financial terms for the early occupancy period, including pro-rata rent calculation

6. Utilities and Services: Responsibility for utilities and services during early occupancy

7. Use of Premises: Permitted use and any restrictions during early occupancy

8. Insurance and Liability: Insurance requirements and allocation of risk during early occupancy

9. Property Condition: Statement regarding the condition of the property and documentation requirements

10. Relationship to Main Lease: How this addendum relates to and modifies the main lease agreement

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

12. Execution: Signature blocks and date of agreement

What sections are optional to include in a Early Occupancy Agreement Lease Addendum?

1. Construction Works: Required if there are ongoing works during early occupancy period

2. Special Access Requirements: Needed if there are specific access restrictions or procedures during early occupancy

3. Additional Security Deposit: Used if additional security deposit is required for early occupancy

4. Moving Arrangements: Required if specific moving-in procedures or restrictions apply

5. Temporary Facilities: Needed if certain facilities are not yet available during early occupancy

6. Third Party Consents: Required if any third party approvals are needed for early occupancy

What schedules should be included in a Early Occupancy Agreement Lease Addendum?

1. Property Handover Protocol: Detailed documentation of property condition at start of early occupancy

2. Floor Plan: Marking any areas with restricted access or ongoing works

3. Utility Meter Readings: Initial meter readings at start of early occupancy

4. Insurance Certificates: Copies of required insurance policies

5. Payment Schedule: Detailed breakdown of payments during early occupancy period

6. Safety Instructions: Any special safety procedures during early occupancy

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

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Manufacturing

Hospitality

Healthcare

Education

Logistics

Warehousing

Relevant Teams

Legal

Real Estate

Operations

Facilities Management

Risk Management

Compliance

Property Management

Asset Management

Leasing

Contract Administration

Relevant Roles

Property Manager

Facility Manager

Real Estate Manager

Leasing Agent

Legal Counsel

Contract Administrator

Asset Manager

Operations Manager

Risk Manager

Compliance Officer

Real Estate Director

Tenant Coordinator

Property Administrator

Building Operations 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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