The Tenancy Agreement With Guarantor is a specialized legal document designed for use in the German property rental market where additional financial security is required beyond a standard deposit. This agreement is commonly used for student rentals, first-time tenants, or situations where the tenant's financial credentials alone may not meet the landlord's requirements. The document combines standard residential tenancy provisions under German law with specific guarantor clauses that establish legally binding obligations for a third party to assume financial responsibility if the tenant defaults. It must comply with German tenancy law (particularly §§ 535-578 BGB), including strict requirements regarding rent calculations, maintenance obligations, and notice periods, while also incorporating necessary provisions for the guarantee relationship (§§ 765-778 BGB).
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1. Parties: Identification of landlord, tenant(s), and guarantor with full legal names and addresses
2. Background: Context of the agreement and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the rental property including address and specific included areas
5. Term and Commencement: Duration of tenancy and start date
6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment
7. Deposit: Security deposit amount, terms, and conditions for return
8. Operating Costs and Utilities: Distribution of operating costs and utility charges between parties
9. Maintenance and Repairs: Responsibilities for property maintenance and repairs
10. Tenant Obligations: General obligations and responsibilities of the tenant
11. Landlord Obligations: General obligations and responsibilities of the landlord
12. Guarantor Obligations: Scope and extent of guarantor's liability and obligations
13. Termination: Conditions and process for termination of the agreement
14. Data Protection: GDPR compliance and data handling provisions
15. Governing Law: Confirmation of German law application and jurisdiction
1. Pets: Terms for keeping pets in the property - include when pets are allowed
2. Subletting: Terms for subletting - include when subletting might be permitted
3. Commercial Use: Provisions for partial commercial use - include for mixed-use properties
4. Renovation and Modifications: Terms for property modifications - include when significant renovations are planned or permitted
5. Garden Maintenance: Garden maintenance obligations - include when property has a garden
6. Parking: Parking space terms and conditions - include when parking is provided
7. Building Rules: Reference to specific building rules - include for apartment buildings
8. Energy Performance: Specific energy performance obligations - include for properties with specific energy requirements
1. Schedule 1 - Property Inventory: Detailed inventory of furniture and fittings including condition
2. Schedule 2 - Property Floor Plan: Floor plan showing layout and dimensions of the property
3. Schedule 3 - House Rules: Building or complex specific rules and regulations
4. Schedule 4 - Heating Cost Allocation: Detailed breakdown of heating cost calculation method
5. Schedule 5 - Operating Costs Breakdown: Detailed list of included operating costs and calculation methods
6. Schedule 6 - Energy Performance Certificate: Copy of property's energy performance certificate
7. Schedule 7 - Handover Protocol: Template for property handover documentation
8. Schedule 8 - Maintenance Schedule: Schedule of regular maintenance responsibilities
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