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Money BGH: Retailers can shorten for Lockdowns Rent

18:25  12 january  2022
18:25  12 january  2022 Source:   dw.com

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Professional tenants can be entitled to an adjustment of the rent as a result of the Corona-Lockdown, judging the Federal Court of Justice. However, all circumstances of the individual would have to be considered.

Provided by Deutsche Welle © Oliver Mountain / DPA / Picture Alliance Provided by Deutsche Wave

retailers can claim to pay less rent at a pandemie-based lockdown. However, this must be considered in individual cases which economic consequences have the officially arranged closure of the store , the Federal Court of Justice (BGH) decided on Wednesday in Karlsruhe. It was about a legal dispute between the textile dealer Kik and the landlord of a KiK branch near Chemnitz. (Az. XII ZR 8/21)

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After the land of Saxony in March 2020 had arranged the closure of almost all shops because of the Corona Pandemic, Kik did not pay rent for the shop in April. That's why the landlord succeeded, a property management, the company. The district court of Chemnitz condemned Kik to pay the full rent of 7854 euros for the month, the Higher Regional Court (OLG) Dresden reduced the sum by half.

It saw a disturbance of the business foundation that could not foresee tenants or landlords. The consequences could not be considered by a party alone, found the OLG. Both KiK and the Land Management revision laid against this judgment in the BGH. This agreed with the OLG assessment in principle that rent adjustment would be considered. However, it saw legal defects in the verdict: the court could not simply attach half of the rent.

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Consider concrete effects

Instead, the concrete economic effects of the closure of this branch should be considered, said the chairman Judge Hans-Joachim Dose in Karlsruhe. For example, how high the decline in sales was what the retailer's measures was able to take and whether he got state support or money from an operational insurance. The interests of the landlord would also have to be considered, said can.

The OLG Dresden now has to negotiate the case again. Before German courts, numerous similar cases are pending. Only at the turn of the year 2020/21 had regulated the legislator that a Lockdown leads to a disruption of the business foundation and thus the reason for a rent reduction can be. The BGH now realized that there is no lump-sum applicable formula.

UL / HB (AFP, DPA)

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