Draw up a pre-lease agreement in a legally precise manner

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A pre-lease agreement is a sensible arrangement if you still need to clarify certain reservations, but would like to reserve the apartment for yourself. Conversely, as a landlord, you assure a tenant that you will let him or her the apartment if certain reservations are settled. It is all the more important that you formulate the contract in a legally secure manner.

Move in only upon completion
Move in only upon completion © Carl-Ernst Stahnke / Pixelio

Actually, you should always get a final one rental contract if you want to rent or rent an apartment. However, if you still have to clarify certain reservations, signing a definitive rental agreement is risky, as you are thus making a final commitment to the other contractual partner. So far you go with one Pre-lease agreement better. You should be one Form pattern use.

Reserve an apartment with a pre-lease agreement

  • The prerequisite is, of course, that the landlord is willing to work with you as the tenant or the tenant with you as the landlord to even conclude a pre-lease agreement.
  • With a pre-lease agreement, you as the tenant undertake to the landlord of a rental apartment to rent this rental apartment at a predetermined and agreed time. Conversely, as a landlord, you undertake to rent out your apartment to a tenant if certain conditions are met.

Clarify the situation with a right of withdrawal

  • The respective conclusion of the contract is no longer dependent on the will of the other contracting party, but only on the occurrence or non-occurrence of certain circumstances defined in the pre-lease agreement.
  • If you are a landlord, it is possible that you will finalize a rental agreement, for example make it dependent on the fact that the rental apartment to be built is actually completed on a certain date will. Another reason may be that the previous tenant, in view of an ongoing legal dispute over the effectiveness of the termination must have moved out of the apartment.
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  • If you are a tenant, it is possible that you make the final conclusion of a lease dependent, for example, on you being the Receive the job for which you have applied, or your employer on the announced termination of your employment for operational reasons waived.

Describe circumstances that justify withdrawal

  • In any case, you as the landlord or tenant must describe these circumstances as precisely as possible in the pre-lease agreement. At the same time, you must reserve the right to withdraw in this context.
  • You should limit this right of withdrawal to a certain point in time by which you must have exercised it. After this point in time, your pre-lease will be converted into a final lease.
  • In addition, make sure that you also agree on all the aspects in a pre-lease agreement Tenancy determine. This includes, among other things, the start, the amount of the basic rent and the extra costs and the notice period.
  • In any case, you should inspect the apartment beforehand and prepare a status report together with the other contracting party. This protocol is the basis on which you conclude the pre-lease agreement.

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