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Non Exclusive Lease Template for Germany

This document is a non-exclusive lease agreement governed by German law, specifically structured under the provisions of the German Civil Code (BGB). It establishes the terms and conditions for shared or partial use of a property, defining the rights and obligations of both lessor and lessee while acknowledging the presence of other users. The agreement incorporates specific German legal requirements regarding rental properties, including mandatory provisions about operating costs (Betriebskosten), maintenance obligations, and energy efficiency requirements. It addresses particular considerations for shared spaces, usage coordination, and common area management, while ensuring compliance with German property law and tenant protection regulations.

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What is a Non Exclusive Lease?

This Non Exclusive Lease agreement template is designed for use in Germany when multiple parties need to share access to or use of a property. It is particularly relevant for commercial spaces, shared offices, or facilities where exclusive possession is not required or desired. The document complies with German Civil Code (BGB) requirements and includes essential provisions for rent, operating costs, maintenance, and shared use arrangements. It's commonly used in co-working scenarios, shared industrial spaces, or partial property leases. The template includes specific German legal requirements such as energy efficiency certificates, proper operating cost allocations, and maintenance obligations. This type of agreement is increasingly important in modern business environments where flexible and shared space arrangements are becoming more common.

What sections should be included in a Non Exclusive Lease?

1. Parties: Identification and details of the lessor and lessee

2. Background: Context of the lease arrangement and acknowledgment of non-exclusive nature

3. Definitions: Key terms used throughout the agreement including 'Shared Use', 'Common Areas', and 'Permitted Use'

4. Lease Object: Detailed description of the leased property and extent of non-exclusive use rights

5. Term and Termination: Duration of lease, renewal options, and termination provisions

6. Rent and Payment Terms: Rental amount, payment schedule, and method of payment

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

8. Usage Rights and Limitations: Specific terms regarding shared use, coordination with other users, and usage restrictions

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations

10. Insurance and Liability: Required insurance coverage and liability allocation

11. Security Deposit: Terms regarding security deposit amount, handling, and return

12. Final Provisions: Governing law, jurisdiction, and formal requirements under German law

What sections are optional to include in a Non Exclusive Lease?

1. Utilities and Services: Specific arrangements for utility provision and payment - include if utilities are not covered in operating costs

2. Subletting Rights: Include if subletting is to be permitted under specific conditions

3. Alterations and Improvements: Include for properties where tenant modifications might be permitted

4. Environmental Obligations: Include for properties with specific environmental requirements or certifications

5. Signage Rights: Include for commercial properties where exterior or interior signage is relevant

6. Operating Hours: Include for commercial properties or shared spaces with specific access times

7. Parking Arrangements: Include if parking spaces are part of the lease

What schedules should be included in a Non Exclusive Lease?

1. Floor Plan: Detailed plans showing leased areas and common areas

2. Inventory List: List of any furniture, equipment, or fixtures included in the lease

3. House Rules (Hausordnung): Building regulations and conduct rules for shared spaces

4. Operating Costs Breakdown: Detailed list of operating costs and allocation method

5. Handover Protocol: Document recording property condition at handover

6. Usage Schedule: Timetable or schedule for shared space usage if applicable

7. Maintenance Schedule: Regular maintenance responsibilities and schedules

8. Energy Performance Certificate: Mandatory energy efficiency documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use

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