Residential Licence Agreement for Germany

Residential Licence Agreement Template for Germany

A German Residential Licence Agreement (Wohnraumlizenzvertrag) is a legal document governed by German law that establishes a licence relationship between a property owner (licensor) and a resident (licensee) for residential accommodation. Unlike traditional rental agreements, it offers more flexibility while still adhering to German residential property laws, particularly relevant sections of the Bürgerliches Gesetzbuch (BGB). The agreement details the terms of occupation, including duration, fees, maintenance responsibilities, and specific conditions of use, while ensuring compliance with German residential property regulations and tenant protection measures.

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What is a Residential Licence Agreement?

The Residential Licence Agreement is utilized in Germany when a more flexible arrangement than a traditional lease is required for residential property occupation. This document type is particularly relevant for situations such as student housing, corporate accommodation, or short-term residential use where a full tenancy agreement might not be appropriate. The agreement must comply with German property law, specifically the relevant sections of the Bürgerliches Gesetzbuch (BGB) and associated regulations. While offering more flexibility than a standard lease, it still needs to address key aspects such as notice periods, maintenance obligations, and usage rights while respecting German tenant protection provisions. The document includes essential elements like property details, licence fee structures, operating costs (Betriebskosten), house rules (Hausordnung), and registration requirements.

What sections should be included in a Residential Licence Agreement?

1. Parties: Details of the licensor and licensee, including full legal names, addresses, and contact information

2. Background: Brief context explaining the purpose of the licence agreement and property overview

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

4. Property Details: Specific description of the licensed property, including address, room number(s), and any included facilities

5. Licence Period: Duration of the licence, including start and end dates, and any provisions for extension

6. Licence Fee: Amount of the licence fee, payment terms, and payment methods

7. Operating Costs (Betriebskosten): Breakdown of additional costs and utilities, including heating, water, and other applicable charges

8. Security Deposit: Details of the security deposit amount, payment terms, and conditions for return

9. Use of Property: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and property care

11. House Rules: Basic rules for property use and communal living

12. Registration Requirements: Obligations regarding registration with local authorities

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

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

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

1. Sublicensing: Include when sublicensing might be permitted under specific conditions

2. Pets: Include when the property allows pets or needs specific pet restrictions

3. Parking: Include when parking spaces are available and need to be regulated

4. Shared Facilities: Include when the property includes access to shared amenities like laundry rooms or gardens

5. Energy Certificate: Include when specific energy efficiency details need to be highlighted

6. Renovation Clause: Include when specific renovation or restoration requirements apply

7. Insurance Requirements: Include when specific insurance obligations are required for the licensee

8. Special Access Rights: Include when the licensor needs specific access rights beyond standard legal requirements

What schedules should be included in a Residential Licence Agreement?

1. Schedule 1 - Property Inventory: Detailed list of furniture, appliances, and fixtures included in the licence

2. Schedule 2 - Property Condition Report: Detailed description of the property condition at the start of the licence

3. Schedule 3 - House Rules (Hausordnung): Complete set of house rules including quiet hours, waste disposal, and common area usage

4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of all operating costs and calculation methods

5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

6. Appendix A - Energy Performance Certificate: Copy of the property's energy performance certificate

7. Appendix B - Floor Plan: Detailed floor plan of the licensed property

8. Appendix C - Heating Cost Allocation: Details of heating cost calculation and distribution method

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

Property Management

Residential Housing

Student Accommodation

Corporate Housing

Serviced Apartments

Short-term Accommodation

Property Investment

Housing Services

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Housing Services

Compliance

Administrative Services

Corporate Services

Student Services

Residential Operations

Relevant Roles

Property Manager

Real Estate Manager

Housing Officer

Residential Services Coordinator

Legal Counsel

Property Administrator

Facilities Manager

Accommodation Officer

Real Estate Agent

Housing Services Manager

Corporate Housing Coordinator

Student Accommodation Manager

Legal Administrator

Compliance Officer

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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