Property for rent in Germany
What it is necessary to pay attention to rent an apartment or other real estate in Germany. There is a difference between renting an office in a business center and renting an office in an apartment building. In both cases, you must answer the following questions before signing a lease contract: – Can the premise be used for planned production purposes? It should be taken into account that special permits are required for the organization of certain types of entrepreneurial activities (eg in connection with increased noise).
In which structural condition is the object and how are the obligations of the landlord and the tenant for its repair contractually determined? Is it planned to carry out major repairs or modernization of the building? Is it possible to carry out the necessary refurbishment and conversion of the premises? It is desirable to resolve this issue with (or before) written contract signing. Is it possible to use the room around the clock (even on weekends and public holidays) or to work on certain days and times?
If the contract provides parking for cars or an additional contract for the right to use the parking lot is required. How is the infrastructure developed in the region, public transport, there are competing companies in the vicinity. – Is it possible to include a special clause in the employment contract which prohibits the renter from letting neighboring premises to competitors (competition protection clause)? What is the validity of the contract (lease terms) and the terms of termination of contractual relationships.
The rental of real estate in Germany can be concluded for an indefinite period – a perpetual tenancy, which allows each party to terminate the contract at any time. – The termination of the contract requires provisional (usually – for 3 months) to inform the other party. The time required to complete the contract is termed notice. – The lease can also be completed for a specified period (fixed term lease): for example, for one year, five or ten years. In this case, before expiration of the – no party without the consent of the other party may terminate the contract. When concluding a contract over a certain period of time, it is important that the lessee of the site includes the option right in contract law (option right). This right allows the lessee, at its sole discretion, to renew the contract for a specified period of time, once or several times. (For example, by concluding a contract for a period of two years with an option for one year, at the expiration of the lease, the tenant has the primary right to renew the contract for another year). Often closed in the lease for a certain period of time, containing a provision at the end of the contract, it is automatically renewed for the same period and under the same conditions, unless one of the parties to the contract can not be avoided (renewal). Is it possible to terminate the contract prematurely by a lease for a certain period of time by providing a successor (new tenant) for the rented premises? Does the lessee have the right to rent the leased object in whole or in part to third parties (sublease)? It is important to find out the full cost of renting premises to determine the size of the operating costs (operating costs), whether the rent goes up and how.Usually, in fixed percentage, for example, 2% per annum (graduated rental) rent increases be specified).
