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The Company Lease Agreement (gewerblicher Mietvertrag) is essential for businesses seeking to lease commercial premises in Germany. This document is used when a company needs to formally establish their right to occupy and use commercial property for business purposes, whether for office space, retail, industrial, or other commercial uses. The agreement must comply with German legal requirements, particularly the German Civil Code (BGB) and Commercial Code (HGB), and includes crucial details about rent, operating costs, maintenance obligations, and use restrictions. It's particularly important that the agreement satisfies the Written Form Requirement (Schriftformerfordernis) under § 550 BGB, which mandates that all essential terms must be documented in writing. The document typically includes comprehensive provisions for property management, security deposits, and specific German legal requirements regarding commercial tenancy, making it suitable for long-term business relationships between landlords and commercial tenants.

1. Parties: Identification of landlord and tenant with full legal names, registration details, and addresses

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

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the leased premises including exact location, size, and permitted use

5. Lease Term: Duration of lease, commencement date, and any extension options

6. Rent and Other Charges: Base rent, payment terms, VAT treatment, and rent review provisions

7. Operating Costs (Betriebskosten): Allocation and payment of operating costs and utilities

8. Security Deposit: Amount, form, and conditions of the security deposit

9. Use of Premises: Permitted use and any restrictions on use

10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations

11. Insurance: Required insurance coverage for both parties

12. Assignment and Subletting: Conditions for assignment of lease or subletting the premises

13. Landlord's Rights and Obligations: Key responsibilities and rights of the landlord

14. Tenant's Rights and Obligations: Key responsibilities and rights of the tenant

15. Termination: Grounds for termination, notice periods, and consequences

16. Return of Premises: Conditions for returning the premises at lease end

17. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

18. Notices: Process and addresses for formal communications

19. Miscellaneous: Standard boilerplate provisions including severability and entire agreement