BGH: No general rule for commercial rent payments in lockdown

Wednesday, 01/12/2022 9:37 AM from


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A judge’s gavel (symbolic image).

KARLSRUHE (dpa-AFX) – Tenants of commercially used rooms can be entitled to an adjustment of the rent as a result of the Corona lockdown after a ruling by the Federal Court of Justice. The judges decided on Wednesday in Karlsruhe (Az. XII ZR 8/21). These included, for example, the loss of sales for the specific property, state aid or insurance benefits. Both sides – tenants and landlords – are burdened by the state measures in the fight against the corona pandemic, neither side bears sole responsibility. Half / half divisions of the rent are too flat.

In the specific case, it was about a branch of the textile discounter Kik in the Chemnitz area, which had to close from March 19 to April 19, 2020 and for which the landlord wants the full rent of around 7,850 euros. The Dresden Higher Regional Court decided that Kik only has to pay about half of it. The Federal Court of Justice overturned this judgment, the court in Dresden has to negotiate the matter again./kre/sem/DP/stk


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