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Management Lease Agreement Template for Germany

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Key Requirements PROMPT example:

Management Lease Agreement

"I need a Management Lease Agreement for a newly built shopping center in Munich, where the management company will handle all operations and pay both fixed rent and a percentage of retail revenues, with the agreement to commence on March 1, 2025."

Document background
The Management Lease Agreement is essential for commercial property arrangements in Germany where professional management services are integrated with property leasing. This document type is commonly used in scenarios where property owners seek to delegate both operational responsibility and commercial risk to professional management companies, particularly in sectors such as hospitality, retail, and commercial real estate. The agreement must comply with German legal requirements, including the BGB (Civil Code) and HGB (Commercial Code), while providing a clear framework for property operation, maintenance, and financial management. It typically includes detailed provisions for service standards, financial reporting, maintenance obligations, and performance metrics, making it suitable for complex commercial property arrangements where professional management is crucial to property value and performance.
Suggested Sections

1. Parties: Identification of the property owner/landlord and the management company/tenant, including full legal names, registration details, and authorized representatives

2. Background: Context of the agreement, property details, and purpose of the management lease arrangement

3. Definitions: Key terms used throughout the agreement, including Property, Services, Lease Term, Management Fee, etc.

4. Lease Grant: Formal grant of lease and specification of the leased premises

5. Term and Renewal: Duration of the agreement, commencement date, and renewal provisions

6. Rent and Payment Terms: Base rent, payment schedule, security deposit, and rent review mechanisms

7. Management Services: Detailed scope of management services to be provided by the tenant/manager

8. Operating Costs and Utilities: Allocation of operating costs, utility charges, and service charges

9. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements

10. Insurance and Liability: Required insurance coverage and allocation of risks

11. Compliance and Permits: Obligations regarding legal compliance and necessary permits

12. Reporting and Records: Required financial and operational reports and record-keeping obligations

13. Default and Remedies: Events of default and available remedies for both parties

14. Termination: Grounds for termination and termination procedures

15. Handover Provisions: Requirements and procedures for property handover at termination

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

17. Notices: Process and requirements for formal communications between parties

18. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, etc.

Optional Sections

1. Employee Transfer: Provisions regarding transfer of existing property employees, used when existing staff are involved

2. Subletting and Assignment: Rights and restrictions regarding subletting, needed when subletting might be permitted

3. Alterations and Improvements: Detailed provisions for property modifications, included for properties requiring significant upgrades

4. Environmental Provisions: Specific environmental obligations and compliance, required for properties with environmental sensitivities

5. Intellectual Property: IP rights and usage, needed when branding or proprietary systems are involved

6. Force Majeure: Provisions for extraordinary events, recommended for longer-term agreements

7. Competition Restrictions: Non-compete provisions, included when protecting against nearby competitive operations

8. Marketing and Promotion: Requirements for property marketing, needed for retail or hospitality properties

Suggested Schedules

1. Property Description: Detailed description of the property including plans and specifications

2. Management Services Scope: Detailed breakdown of required management services and performance standards

3. Fee Structure: Detailed breakdown of management fees, incentive fees, and payment calculations

4. Operating Budget: Initial operating budget and budget approval process

5. Service Level Agreement: Specific performance metrics and standards for management services

6. Inventory: List of furniture, fixtures, and equipment included in the lease

7. Maintenance Schedule: Required maintenance and inspection schedules

8. Reporting Templates: Required formats for operational and financial reporting

9. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

10. Handover Checklist: Detailed requirements for property handover at commencement and termination

Authors

Alex Denne

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

Relevant legal definitions













































Clauses



































Relevant Industries

Commercial Real Estate

Hospitality

Retail

Office Space Management

Shopping Center Management

Industrial Property Management

Mixed-use Development

Student Housing

Senior Living Facilities

Serviced Apartments

Relevant Teams

Legal

Real Estate

Operations

Asset Management

Property Management

Facilities Management

Finance

Risk & Compliance

Business Development

Commercial

Relevant Roles

Property Manager

Asset Manager

Facility Manager

Real Estate Director

Operations Manager

Legal Counsel

Commercial Director

Chief Operating Officer

Portfolio Manager

Leasing Manager

General Manager

Risk Manager

Compliance Officer

Financial Controller

Development Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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