The Rental Loan Agreement is designed for situations where property rental is combined with financing arrangements under German law. This specialized agreement is particularly useful when financial institutions or property owners wish to offer integrated solutions for property rental and financing. It includes comprehensive provisions covering both the lending and rental aspects, ensuring compliance with German banking regulations, property laws, and consumer protection requirements. The document addresses key aspects such as loan terms, rental conditions, property maintenance, insurance, and security requirements. This type of agreement is commonly used in both residential and commercial contexts, requiring careful attention to both the BGB (German Civil Code) and banking regulations.
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1. Parties: Identification of the lender, borrower/tenant, and any other relevant parties with their full legal details
2. Background: Context of the agreement, explaining the relationship between the loan and rental aspects
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Terms: Principal amount, interest rate, repayment schedule, and loan duration
5. Rental Property Details: Description of the rental property, including address and any included fixtures/fittings
6. Rental Terms: Rental period, permitted use, maintenance obligations, and property access rights
7. Payment Terms: Combined structure of loan repayments and rental payments, including payment methods and dates
8. Security and Deposits: Details of any security deposits, guarantees, or collateral required
9. Insurance Requirements: Mandatory insurance coverage for both the property and loan security
10. Representations and Warranties: Statements of fact and assurances from both parties
11. Events of Default: Circumstances constituting default under either the loan or rental aspects
12. Termination Rights: Conditions and procedures for early termination of the agreement
13. Notices: Communication requirements and contact details for all parties
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Guarantor Provisions: Required when there is a third-party guarantor for the loan or rental obligations
2. Property Management: Include when specific property management arrangements are necessary
3. Special Payment Arrangements: Used when there are non-standard payment terms or methods
4. Renovation/Modification Rights: Include when specific renovation or modification rights are granted to the tenant
5. Subletting Rights: Include when subletting is permitted under specific conditions
6. Pre-payment Terms: Include when early loan repayment options are available
7. Co-borrower Provisions: Required when there are multiple borrowers/tenants
8. Special Use Provisions: Include for properties with specific use restrictions or requirements
1. Schedule 1 - Property Description: Detailed description of the rental property including floor plans and condition report
2. Schedule 2 - Payment Schedule: Detailed breakdown of loan repayments and rental payments
3. Schedule 3 - Inventory List: List of fixtures, fittings, and furnishings included in the rental
4. Schedule 4 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
5. Schedule 5 - Property Rules and Regulations: Specific rules and regulations governing the use of the property
6. Appendix A - Required Documentation: List of documents required from the borrower/tenant
7. Appendix B - Key Handover Protocol: Procedures for property access and key management
8. Appendix C - Maintenance Schedule: Regular maintenance requirements and responsibilities
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