The Sublease Contract (Untermietvertrag) is essential when a current tenant wishes to sublet all or part of their rented property to another party under German law. This document is commonly used in situations such as temporary relocations, student housing arrangements, or when businesses need to optimize their leased space. The agreement must comply with German legal requirements, including obtaining the landlord's consent as per §540 BGB, and typically includes detailed provisions about rent, utilities, maintenance, house rules, and operating costs. It's crucial that the sublease terms align with the master lease to avoid potential legal conflicts. The document serves both residential and commercial purposes and must address specific German tenant protection regulations and registration requirements.
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1. Parties: Identification of the sublessor (current tenant) and sublessee, including full names, addresses, and contact details
2. Background: Context of the sublease, including reference to the master lease and confirmation of landlord's consent
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Master Lease', 'Term', etc.
4. Property Description: Detailed description of the subleased premises, including address and specific areas included/excluded
5. Term and Termination: Duration of sublease, start/end dates, notice periods, and termination conditions
6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and security deposit details
7. Operating Costs and Utilities: Allocation of operating costs (Betriebskosten) and utilities between parties
8. Use of Property: Permitted use of premises and any restrictions
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations
10. Sublessor's Obligations: Key obligations and warranties of the sublessor
11. Sublessee's Obligations: Key obligations and responsibilities of the sublessee
12. House Rules: Reference to and incorporation of building regulations (Hausordnung)
13. Insurance: Required insurance coverage and responsibilities
14. Governing Law: Confirmation of German law application and jurisdiction
15. Signatures: Execution section with date and signature blocks
1. Furniture and Equipment: Details of any furnished items included in the sublease - use when property is furnished
2. Pets: Rules regarding keeping pets - include when pet ownership is relevant
3. Commercial Use Provisions: Specific provisions for commercial subleases - include for business premises
4. Subletting and Assignment: Rights to further sublease - include if permitted by master lease
5. Renovation and Alterations: Rules for making changes to the property - include if alterations are contemplated
6. Parking: Parking space allocation and rules - include if parking is available
7. Garden/Outdoor Space Use: Rules for using outdoor spaces - include if applicable
8. Energy Performance: Energy efficiency details - required for residential leases exceeding 4 months
1. Schedule 1 - Inventory List: Detailed inventory of furniture and equipment if furnished
2. Schedule 2 - Condition Report: Documentation of property condition at start of sublease
3. Schedule 3 - House Rules: Copy of building's Hausordnung
4. Schedule 4 - Operating Costs Breakdown: Detailed list of operating costs and allocation method
5. Schedule 5 - Master Lease Excerpt: Relevant provisions from master lease affecting sublease
6. Schedule 6 - Landlord's Consent: Copy of written consent from property owner
7. Schedule 7 - Floor Plan: Plan showing subleased areas and common areas
8. Schedule 8 - Handover Protocol: Template for recording property handover
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