Licence Agreement Tenancy for Germany

Licence Agreement Tenancy Template for Germany

A German law-governed Licence Agreement Tenancy is a specialized legal document that establishes a contractual relationship between a property owner (licensor) and a user (licensee) for the temporary use of property. This agreement, regulated under the German Civil Code (Bürgerliches Gesetzbuch - BGB), provides more flexibility than traditional lease agreements while maintaining compliance with German property law requirements. It details the terms of property usage, payment obligations, duration, maintenance responsibilities, and specific conditions while incorporating mandatory German legal provisions regarding property rights and obligations.

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What is a Licence Agreement Tenancy?

The Licence Agreement Tenancy is a vital legal instrument in German property law, designed to facilitate flexible property usage arrangements while maintaining legal certainty. This document is particularly useful when traditional lease agreements may be too rigid or inappropriate for the intended use, such as in temporary occupancy situations, shared spaces, or specific-use scenarios. The agreement must comply with German Civil Code (BGB) requirements while balancing the practical needs of modern property usage. It typically includes detailed provisions about property access, usage rights, fee structures, maintenance obligations, and termination conditions. The document is essential for property owners seeking to grant occupancy rights while retaining greater control than in standard tenancy agreements, making it particularly relevant in commercial contexts or specialized residential situations.

What sections should be included in a Licence Agreement Tenancy?

1. Parties: Identification and details of the licensor and licensee, including full legal names, addresses, and registration details if companies

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

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'License Period', 'License Fee', etc.

4. Grant of License: Specific terms of the license grant, including the exact nature of permitted use and any restrictions

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

6. Duration and Termination: Term of the license, renewal provisions, and termination rights in accordance with German law

7. License Fee and Other Charges: Amount, payment terms, review mechanisms, and additional charges such as utilities and operating costs

8. Use of Property: Permitted uses, restrictions, and compliance with local regulations

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

10. Insurance and Liability: Insurance requirements and allocation of risks between parties

11. Access and Inspection: Licensor's rights of access and inspection procedures

12. Notices: Format and method of delivering formal notices between parties

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

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Licence Agreement Tenancy?

1. Sublicensing and Assignment: Include when sublicensing or assignment rights are to be granted or specifically prohibited

2. Alterations and Improvements: Include when the licensee is permitted to make changes to the property

3. Security Deposit: Include when a security deposit is required, specifying amount and terms

4. Utilities and Services: Include when specific arrangements for utilities and services need to be detailed

5. House Rules: Include for properties within larger complexes or buildings with specific rules

6. Data Protection: Include detailed GDPR compliance terms when personal data processing is extensive

7. Force Majeure: Include specific force majeure provisions beyond standard German law

8. Environmental Obligations: Include when property use involves environmental considerations

What schedules should be included in a Licence Agreement Tenancy?

1. Schedule 1 - Property Plan: Detailed floor plans and property boundaries

2. Schedule 2 - Inventory: List of fixtures, fittings, and furniture included in the license

3. Schedule 3 - Service Charges: Breakdown of service charges and calculation methods

4. Schedule 4 - House Rules: Detailed building or complex rules and regulations

5. Schedule 5 - Condition Report: Initial condition report with photographs

6. Schedule 6 - Utility Agreements: Specific arrangements for utility services and meters

7. Appendix A - Energy Performance Certificate: Mandatory energy efficiency documentation

8. Appendix B - Safety Certificates: Relevant safety and compliance certificates

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

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Education

Healthcare

Coworking Space

Technology

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Asset Management

Compliance

Property Administration

Business Development

Contract Management

Risk Management

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Contract Manager

Facilities Manager

Asset Manager

Operations Director

Real Estate Director

Compliance Officer

Business Development Manager

Portfolio Manager

Corporate Real Estate Manager

General Counsel

Property Administrator

Real Estate Agent

Leasing 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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