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Retailers are not entitled to half


In the event of a pandemic-related closure of their business premises, traders are generally entitled to a rent reduction - but this applies on a case-by-case basis. The Federal Court of Justice in Karlsruhe decided on Wednesday.

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Pedestrian zone in Halle / Saale: Not all landlords take part in the burden sharing

Photo: Hendrik Schmidt / picture alliance / dpa / dpa-Zentralbild

On the question of burden sharing through lockdown orders due to Corona, the Federal Court of Justice has in principle sided with retailers. The highest civil judges in Karlsruhe are of the opinion that tenants of commercially used rooms are entitled to an adjustment of the rent. However, all the circumstances of the individual case must always be taken into account, according to the decision that has just been published (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 government measures in the fight against the corona pandemic, neither side bears sole responsibility. Half / half-breakdowns of the rent are too lump-sum.

The basis is a sample case from Saxony.

It's 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.

However, the Dresden Higher Regional Court ruled that Kik only has to pay about half of it.

It is about "extensive state interference in social and economic life due to a pandemic."

The risk of such a systemic crisis cannot be assigned to one contracting party alone.

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.

In December 2020, the legislature made it clear that commercial tenants can request an adjustment of their lease if they have to close due to Corona measures or are only allowed to open their business with severe restrictions.

It is assumed that the tenant and landlord would not have signed a contract if it had already been clear what the future would bring.

However, this does not automatically entitle business owners to have part of their rent waived.

The landlord can only grant a postponement.

The courts do not have a single line.

mik / dpa

Source: spiegel

All business articles on 2022-01-12

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