The Subcontract Lease Agreement is essential in situations where an existing tenant wishes to sublease their rented property in Germany. This document is commonly used in both residential and commercial contexts, such as when tenants need to temporarily relocate, optimize unused space, or manage property costs. The agreement must strictly comply with German legal requirements, including obtaining landlord consent as per §540 BGB. It establishes the legal framework for the sublease relationship, defining rights and obligations of both sublessor and sublessee, while ensuring compliance with the master lease terms. The document includes crucial details about property use, rent payments, operating costs, maintenance responsibilities, and termination conditions, all structured according to German legal standards and practice.
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1. Parties: Identification of the main tenant (sublessor) and subtenant (sublessee), including full legal names and addresses
2. Background: Context of the sublease, reference to the master lease, and confirmation of landlord's consent
3. Definitions: Key terms used throughout the agreement, including Property, Master Lease, Term, and Rent
4. Subject Matter of Lease: Detailed description of the subleased property and its permitted use
5. Term and Termination: Duration of sublease, start/end dates, notice periods, and termination conditions
6. Rent and Payment Terms: Rent amount, payment schedule, security deposit, and utility costs
7. Operating Costs and Utilities: Allocation of operating costs (Betriebskosten) and utility charges
8. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and damage resolution
9. Sublessee Obligations: Key responsibilities including property care, compliance with house rules, and insurance requirements
10. Sublessor Warranties: Confirmations regarding master lease compliance and property condition
11. Return of Property: Conditions and procedures for property return at lease end
12. Final Provisions: Governing law, jurisdiction, written form requirements, and severability
1. Furniture and Equipment: Details of any furnished items included in the sublease, used when property is let furnished
2. Commercial Use Provisions: Specific terms for commercial property use, including business hours and signage rights
3. Renovation and Modifications: Rights and conditions for making changes to the property, if permitted
4. Building Services: Special provisions for shared facilities or services in commercial buildings
5. Subletting and Assignment: Terms for further subletting or assignment, if allowed
6. Insurance Requirements: Specific insurance obligations beyond standard requirements
7. Energy Efficiency: Energy performance details and obligations, required for certain property types
1. Schedule 1 - Property Description: Detailed description of the subleased property, including floor plans and measurements
2. Schedule 2 - Inventory List: Detailed list of furniture, fixtures, and equipment included in the sublease
3. Schedule 3 - House Rules: Building regulations and guidelines applicable to the property
4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of operating costs and allocation method
5. Schedule 5 - Handover Protocol: Template for recording property condition at start and end of sublease
6. Schedule 6 - Master Lease Excerpt: Relevant provisions from the master lease affecting the sublease
7. Appendix A - Landlord's Consent: Written consent from the property owner for the sublease
8. Appendix B - Energy Performance Certificate: Current energy performance certificate for the property
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