The Pre Tenancy Agreement is a crucial document in German property rental processes, typically used when parties have agreed in principle to a tenancy but need time to complete necessary checks and arrangements before signing the main lease agreement. This document, governed by German law and particularly the provisions of the German Civil Code (BGB), serves to protect both parties' interests during the preliminary phase of the rental relationship. It includes essential details such as property specifications, reservation fees, required documentation, and conditions precedent to the main tenancy agreement. The Pre Tenancy Agreement is particularly valuable in competitive rental markets where landlords need to secure serious potential tenants while conducting necessary background checks and finalizing arrangements. It also ensures compliance with German data protection laws and rental regulations while providing a clear framework for proceeding to the main tenancy agreement.
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1. Parties: Identification of the potential landlord and potential tenant, including full legal names and addresses
2. Background: Brief context of the pre-tenancy arrangement and the proposed rental property
3. Definitions: Key terms used throughout the agreement
4. Property Details: Specific description of the rental property and its condition
5. Pre-Tenancy Period: Duration of the pre-tenancy agreement and proposed start date of the main tenancy
6. Reservation Fee: Amount, payment terms, and conditions for refund or conversion to deposit
7. Documentation Requirements: List of required documents and information to be provided by the potential tenant
8. Data Protection: GDPR-compliant provisions regarding the handling of personal information
9. Conditions Precedent: Conditions that must be met before proceeding to the main tenancy agreement
10. Rights and Obligations: Responsibilities of both parties during the pre-tenancy period
11. Termination: Circumstances under which either party may terminate the pre-tenancy agreement
12. Governing Law: Confirmation of German law application and jurisdiction
13. Execution: Signature blocks and date of agreement
1. Property Viewing Arrangements: Specific terms for viewing the property, used when multiple viewings are required
2. Reference Check Authorization: Authorization for conducting background checks, used when landlord requires specific checks
3. Guarantor Provisions: Terms relating to guarantor requirements, used when tenant needs a guarantor
4. Broker Involvement: Terms regarding real estate broker's role and fees, used when a broker is involved
5. Renovation Plans: Details of any pre-agreed renovations, used when property modifications are planned
6. Special Conditions: Any unique requirements or conditions, used for non-standard situations
7. Pet Provisions: Terms regarding keeping pets, used when tenant has or plans to have pets
1. Schedule 1 - Property Description: Detailed description of the property including fixtures, fittings, and condition
2. Schedule 2 - Required Documentation Checklist: Comprehensive list of required documents and information
3. Schedule 3 - Proposed Rental Terms: Overview of main terms proposed for the final tenancy agreement
4. Appendix A - Property Photos: Current photographs of the property's condition
5. Appendix B - Energy Performance Certificate: Copy of the property's energy performance certificate
6. Appendix C - Floor Plan: Detailed floor plan of the property
7. Appendix D - Data Protection Notice: Detailed GDPR-compliant data protection information
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