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Commercial tenancy law – advice and representation by a lawyer

Commercial tenancy law

advice and representation by a lawyer

We advise you on all questions regarding commercial tenancy law. No matter whether you are a tenant or landlord – or whether you want to rent or buy. We take into account the industry-specific characteristics of leases. Whether it is for offices, restaurants, hotels, retail, grocery stores, medical, dental, physiotherapy or pharmacies, we have the expertise to help you. Your contact is Julian R. Urban, an attorney and bar certified specialist in tenancy law.

Die Anwälte Julian Urban und Dennis G. Jansen im Gespräch über einem Gesetzbuch.How can we help you?

For a non-binding enquiry, please email us at berlin@jur-law.de or use the contact form at the bottom of this page. For a personal appointment on site, please call: +49 30-5557 82820

Book online appointments here:

What we can do for you

Services in commercial tenancy law

JUR | URBAN advises and represents tenants and landlords of commercial space on all questions of commercial tenancy law, particularly in the following areas:

  • Preparation, drafting and review of commercial leases, preliminary agreements and letters of intent
  • Preparation, drafting and review of rental and supplementary agreements
    In particular rent adjustment, term, rental security/deposit, operating costs, repairs, maintenance and cosmetic repairs
  • Advising buyers before and during the acquisition of property as part of due diligence under tenancy law
  • Litigation
    We represent you in out-of-court and in-court disputes
  • Reclaiming rent deposits
    Extrajudicial and judicial settlement and reclaim; defence against the use of the deposit guarantee
  • Cancellation and eviction
    We examine the possibility of and defence against terminations, draft legally compliant termination letters and represent you in eviction proceedings
  • Rent collection
    This includes the enforcement and defence of rent claims, rent reduction and the defence and enforcement of claims for damages
  • Rental defects and rent reduction
    We advise and represent you in the enforcement and defence of claims for the rectification of defects and rent reduction

Differences between commercial and residential tenancy law explained

Commercial vs. residential: What you need to know

Tenancy law is generally divided into two main areas: commercial and residential tenancy law. Tenants enjoy extensive protection under residential tenancy law. In contrast, commercial tenancy law offers more freedom when drafting contracts. The limits of these freedoms are defined by the jurisprudence that we at JUR | URBAN follow closely through ongoing training.

Zwei Mitarbeiterinnen von JUR | URBAN sprechen mit einer Mandantin.

After the end of the contract: Different tenant protection

Unlike residential tenants, commercial tenants have less protection after the end of the contract. The residential tenant can claim comprehensive eviction protection after termination and even after an eviction judgment. This is only possible to a limited extent in commercial tenancy law. Errors in the written form of the contract can enable the landlord to terminate the contract without justification, even if the contract is limited. A notarized eviction claim even enables commercial landlords to directly enforce the eviction obligation – without prior legal proceedings.

Advice from a specialised lawyer is essential in commercial tenancy law

The complex legal situation and the many contractual and procedural pitfalls in commercial tenancy law make advice from a specialised lawyer indispensable. We provide you with an overview and support you with our expertise.

What you should know about commercial leases

Unlike residential leases, commercial leases are not subject to the specific provisions of Section 549 BGB. This means more freedom when drafting contracts for commercial premises.

Important checks before signing a contract – a guide for tenants

As your legal advisors, we recommend that you carefully review the following key elements of a commercial lease before signing it:

  • Purpose of use: Make sure that the contractually agreed purpose of use meets your needs and is also officially approved
  • Size, scope and condition of the rental property: What exactly is being rented? What does the landlord have to guarantee?
  • Contract details: Pay attention to the start, term and possible extension options of the contract
  • Rental costs: How much is the rent and what is included in the additional and operating costs? Under what conditions can the rent change?
  • Rights and Responsibilities: Understand the terms and conditions of warranties, limitations and exclusions of liability, and more
  • Financial security: Overview of rental deposits, guarantees and other securities
  • Maintenance and repairs: Who is responsible for repairs and maintenance? Who bears the costs?
  • Rent adjustment: Are there clauses to adjust the rent under certain conditions?
  • Protection from competition: Does the contract contain clauses to protect against direct competition?
  • Formal requirements: Pay attention to compliance with the written form and possible clauses to remedy formal deficiencies

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Rechtsanwälte
Rechtsanwalt-Kanzlei-Berlin-Urban-1893x
Julian Urban
Attorney
Rechtsanwalt-Kanzlei-Berlin-Urban-2144x
Dennis G. Jansen
Attorney