It's already late in the evening. The WEG manager is on the way home - exhausted after a day at work, on…
Back Jurisprudence on commercial rent - new decision of January 12, 2022
Commercial rent during the Corona pandemic
Traders are generally entitled to a rent reduction if their business premises are closed due to a pandemic. This was decided by the Federal Court of Justice in Karlsruhe on January 12.01.2022, 50. How high the deduction is, however, must be checked in each individual case. There is no blanket 50:8 rule. (BGH, Az. XII ZR 21/XNUMX).
According to the Federal Court of Justice, a careful individual assessment must be carried out, in which the disadvantages of the trader during the business closure and its duration must also be taken into account. In the assessment, attention must be paid to what measures the tenant has taken or could take to reduce impending losses. State benefits that tenants may have received to compensate for the disadvantages caused by the pandemic could also be relevant. Possible benefits from company insurance also played a role in the evaluation. However, according to the BGH, state support measures based on a loan are not included in the individual assessment. Such did not constitute final compensation for the loss of sales suffered.
As a result, it can be said that state closures cannot be blamed on either the tenant or the landlord. It is advisable for both tenants and landlords to find amicable solutions at an early stage.
Photo: unsplash
