Commercial tenancy law

Commercial leases are long-term business relationships whose existence and structure are often of existential importance for both landlords and tenants. We advise and support landlords and tenants comprehensively and competently in all matters relating to commercial tenancy law - from the drafting of the commercial tenancy agreement to legal representation in a dispute over the tenancy. Competent advice can avoid many disputes and ensure that you can concentrate on the essentials: the success of your business.

Our services:

• Drafting and review of commercial leases
• Advice on questions of written form in commercial tenancy law
• Inclusion of building and authorisation law issues
• Regulations on contract duration as well as option, cancellation and withdrawal rights, competition and product range protection clauses, operating obligations
• Agreements on rent adjustments
• Agreements on operating costs, maintenance, repairs and cosmetic repairs
• Agreement of rental collateral, surety declarations
• Advice on VAT issues (VAT option)
• Representation in and out of court in commercial tenancy disputes
• Answering your personal questions on commercial tenancy law

Gestaltung und Prüfung von Gewerberaummietverträgen

Anders als im Wohnraummietrecht, bestehen für Vermieter und Mieter im Gewerberaummietrecht mehr und andere gesetzliche Freiräume, damit einhergehend auch weniger gesetzlicher Schutz. Aus diesem Grund ist sehr viel mehr Aufmerksamkeit bei der Vertragsgestaltung geboten. Es besteht weitgehende Vertragsfreiheit, die ihre Schranken vor allem im Recht der allgemeinen Geschäftsbedingungen findet. Die Rechtsprechung prüft hier insbesondere einseitig vom Vermieter vorgegebene Klauseln sehr kritisch. Die Ausnutzung und Bewertung der rechtlichen Freiräume für den Mandanten ist daher eine zentrale Aufgabe des Rechtsanwalts für Gewerbemietrecht. Neben den Regelungen im BGB sind hierbei auch Spezialnormen wie zum Beispiel die Heizkostenverordnung zu beachten.

Advice on questions of written form in commercial tenancy law

Commercial leases with a term longer than one year must be concluded in writing (Sections 550, 278 BGB) so that they cannot be terminated prematurely with statutory notice. In simple terms, written form means that a tenancy agreement must contain all essential contractual content (contractual partner, rental property, rental period, rental amount) and the tenancy agreement must be signed by both parties. All subsequent amendments to a tenancy agreement (addenda) must also always and without exception be recorded in writing if they are intended to last for more than one year.

If the statutory written form is not complied with, the tenancy agreement is deemed to have been concluded for an indefinite period. This means that either party can terminate the contract with six months' notice to the end of a quarter, Section 580a BGB. In extreme individual cases, the court may consider such a cancellation to be an abuse of rights. In order to avoid lengthy proceedings with an uncertain outcome, compliance with the statutory written form should always be pursued with maximum formalism.

Inclusion of building and authorisation law issues

We can also advise you on necessary conversions and new builds in relation to the planned rental purpose. In these cases, the lease must also be adapted in many areas. The requirements for the necessary operating licences must be taken into account in advance. If necessary, we can also handle the relevant communication with the authorities for you.

Provisions on contract term as well as option and cancellation rights, competition and product range protection clauses, operating obligation

Due to the regular long-term contract term, the corresponding duration, options and cancellation rights should always be well thought out. If, for example, the turnover does not justify the continuation of the business, it is not easy for the tenant to terminate the commercial lease prematurely. We can advise you on the agreement of appropriate contractual clauses that make an exit possible if necessary, e.g. by subletting. It is also necessary to check the inclusion of cancellation rights or conditions precedent if a building and/or operating permit is still to be obtained after the lease has been signed.

Commercial leases often also contain so-called anti-competition clauses. Under these clauses, the landlord undertakes to the tenant not to let to competitors of the tenant in the vicinity of the rented premises or to participate in the tenant's competitors. Frequently, the tenant also undertakes to the landlord not to compete with other tenants. From the tenant's point of view, it is then important to describe the purpose of the lease as precisely as possible in the contract. We advise landlords and tenants on the drafting and enforcement of non-competition and product range protection clauses in tenancy agreements.

German tenancy law does not provide for an operating obligation. Without a corresponding agreement, it is therefore up to the tenant to decide whether and to what extent he uses the leased property. Both landlords and tenants may have an interest in an operating obligation - also for neighbouring tenants - as this ensures the attractiveness of the property. The agreement of an operating obligation can have far-reaching legal consequences for both parties. A comprehensive examination of such a clause is therefore required.

Agreements on rent adjustment

Value adjustment and index clauses for adjusting the rent to be paid during the term of the contract often cause difficulties for the parties to the tenancy agreement in commercial tenancy law, starting with the question of their validity through to the actual calculation of the correct rent.

Agreements on operating costs, maintenance, repairs and cosmetic repairs

Ancillary costs are an increasingly important component of commercial leases. A detailed regulation of all cost items incurred and their obligation to be borne by one of the parties as well as a precise calculation and review of the cost amount by both contracting parties is therefore essential in the interests of a long-term and stable business relationship.

Agreement of rental collateral, guarantee declarations

We support you in agreeing rental collateral and checking the required amount and formulate guarantee declarations for banks, corporations or other eligible guarantors.

Sales tax issues (option for sales tax)

Turnover from the letting of properties is generally exempt from VAT. If the landlord wishes to obtain an input tax deduction, it is possible to opt for VAT liability. One of the prerequisites for this is that the tenant, i.e. the service recipient, is an entrepreneur within the meaning of the German VAT Act and is not exempt from paying VAT, e.g. in the case of health-related activities.

Representation in and out of court in commercial tenancy disputes

Despite the most careful checks, it is not always possible to avoid out-of-court and in-court disputes. In such cases, we are always at your side with our many years of litigation and negotiation experience.

Answers to your personal questions about commercial tenancy law

Our services presented here provide a brief overview of the most important issues in commercial tenancy law. We are of course also available to answer any further questions you may have in this area of law. We will be happy to draw up a commercial lease agreement tailored precisely to your needs or review your existing commercial lease agreement, taking into account all potential risks and the individual circumstances on site. During this review, we will draw your attention to all critical points, point out any unlawful agreements and explain consequences that are not always immediately apparent.