Commercial tenancy law – advice and representation by a lawyer

Commercial tenancy law – advice and representation by a lawyer

The lawyers of JUR | URBAN advise landlords, tenants and prospective tenants and purchasers in all matters of commercial tenancy law.

There are major commercial tenancy law lawyerdifferences between residential tenancy law and commercial tenancy law. While in residential tenancy law there are comprehensive regulations for the protection of tenants, the parties to a commercial lease are largely free to determine how the commercial lease is structured. Which clauses and regulations are inadmissible is determined by comprehensive legislation. Commercial tenancy law often is judge-made case law.

Also, the tenant of commercial premises does not enjoy the same protection after the end of the contract. The residential tenant can claim comprehensive eviction protection after termination and even after an eviction judgment. In commercial tenancy law, this is only possible to a limited extent. If a commercial tenant’s obligation to evict is notarized, the commercial landlord can even enforce directly from the commercial lease agreement. In principle, he no longer has to pursue court proceedings prior to eviction.

The extensive case law in commercial tenancy law as well as various contractual and procedural pitfalls make consultation and representation by a lawyer specializing in commercial tenancy law indispensable.

 

THE SPECIALIZED LAWYER OF JUR | URBAN CONSULT AND REPRESENT TENANTS, LANDLORDS AND PROSPECTIVE TENANTS IN COMMERCIAL TENANCY LAW.
DO YOU HAVE QUESTIONS?
CONTACT US NOW. 

SERVICES IN COMMERCIAL TENANCY LAW

JUR | URBAN advises and represents tenants and landlords of commercial premises in matters relating to commercial tenancy law, in particular in the following matters:

  • Defense and enforcement of claims for damages.
    Creation and examination of commercial leases
  • Preparation, maintenance and cosmetic repairs
  • Reclaiming the rent deposit
    Out-of-court and in-court settlement and recovery; defense of claim on
    deposit bond
  • Cancellation and eviction
    Of residential space, commercial space, and leasehold; Defense against termination; Eviction protection; Personal need;
    Violation of written form
  • Rental collection
    Enforcement and defense of rent claims; rent reduction
  • Rent deficiencies
    Enforcement and defense of claims for removal of defects; rent reduction
  • Litigation

Essential differences between commercial tenancy law and residential tenancy law

The special regulations of the residential tenancy law according to § 549 BGB are generally not applicable to commercial tenancy agreements.  This opens up further regulation possibilities when drafting a commercial lease agreement.

For tenants, we as lawyers recommend in particular to critically examine the following points before concluding a lease agreement:

  • Contractually agreed and officially permissible purpose of use
  • Scope of the leased property
  • Commencement of contract, contract term and renewal options
  • Amount of the rent
  • Service charges and operating costs (Neben- und Betriebskosten)
  • Warranty and disclaimer of warranty
  • Limitation of Liability
  • Value protection clauses (Wertsicherungsklauseln)
  • Repair and maintenance (Instandsetzung und Instandhaltung)
  • Rental deposit, cash deposit, surety bond, and other rental security
  • Operating Obligation (Betriebspflicht)
  • Competition protection (Konkurrenzschutz)
  • Written form clauses and written form remediation clauses
FAQ
  1. Keep calm: Refrain from hasty reactions!
  2. Continue to pay rent: Should the notice received be invalid, however, the failure to pay the rent could allow a (new) termination. This would sometimes be effective and the eviction request justified.
  3. Check reason for termination: Was the lease limited or unlimited? Fixed-term commercial leases can only be terminated extraordinarily? Check the reason: legal as well as factual. If necessary, consult a lawyer specializing in commercial tenancy law.
  4. Contradiction: The possibility of a contradiction in the sense of § 574 BGB does not exist in commercial tenancy law.
  5. Schonfristzahlung: in contrast to residential tenancy law, a grace period payment is not possible in commercial tenancy law.

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