Corona lockdown: Federal Court of Justice: retailers can reduce rents at lockdown

Closed shops

During the lockdown, like here in Oldenburg, only a few people were out and about in the pedestrian zones of German inner cities.

(Photo: dpa)

Düsseldorf 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. However, all circumstances of the individual case must always be taken into account, 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 hear the matter again.

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Kik is not alone. With the officially ordered closings in the fight against the coronavirus pandemic, many businesses lost their income from one day to the next. Fixed costs such as rent, however, continued to be incurred. Some landlords showed courtesy, others did not.

More: You can find the current developments in the pandemic in our Corona news blog

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