Adidas wants to pay rent for stores that remain due to the Corona-crisis-closed. The Outcry is – but how is that assessed in terms of the law?
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First of all, it can be said that Adidas is now the most prominent case, but not by any means the only of such an approach. Many companies (Hotels, well-known car rental companies and a number of shop operators) have written in the past week, your landlord, and either the conversation or searched for the landlords presented with a fait accompli: We are politically forced, the loading surfaces (or close operation), therefore, we see no reason to pay the rent.
The politicians should think carefully about whom you scold,
And this view is legally, under certain circumstances, not so far from the truth. The politicians should consider very closely, therefore, to rebuke the one hand, and to protect the layer of the property owners. The truth is, as so often, in the middle, and the ultimate, and also financially-economic responsibility to the state.
Basically, the law States: The landlord shall provide the leased property to the contractually stipulated use, against payment of a rent available. Whether and how the lessee uses the thing, and whether and how he can use them, is the responsibility of the hirer. He contributes – in principle – the so-called risk of Use. I want to rent such a shop area for the purpose of operating a bookstore, and this is for certain reasons not to be possible (commercial ban, protection against Competition, etc.), so must the tenant pay the full rent. The case law is pretty clear. About the experts
Christian stone Pichler is a lawyer at the law firm of stone Pichler in Munich and Halle, and occupied, among others, tax law, company law and inheritance law.
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What happens if the business basis is eliminated
However, the law States that the parties to adapt the contract, if the both sides of the contractually stipulated (business)is the basis of disrupted (or eliminated). This can be in the case of a lease, and under very exceptional circumstances, the case: for example, if the state may, for legitimate reasons of public welfare, the interests of the individual parties to withdraw, the closure of the leased facilities arranging: how about after the infection law for the protection to happen and is currently happening.
the arrangement specifically after the infection protection act, the tenant has a claim for damages against the Federal government or the country. That depends on which authority the arrangement ends. The tenant must continue to pay the rent, but may require to get this refunded.
Is forced to the closing for the tenant, however, in fact, as a consequence of a General decree, according to which the visit to the shops for reasons of the common good is impossible, or so strongly limited, that an economically meaningful operation is impossible, the legal situation is unclear.
the legal situation is unclear, be clear of reproach to the policy
The law States in this case Is disturbed, the business basis, so can (and the parties need to customize) the contract: This can mean a lot of things, the interest of justice would, for instance, that the tenant and landlord agree to share the current load: The tenant pays only half, the landlord waives the half. Everyone is trying to get the money from the state. As well as always.
The allegation that the policy is: With the last week law adopted, although it solved the question of protection against dismissal, but not to the question of how to distribute the burdens and risks of a that has become impossible to use the rented property in the commercial area.
One gets the impression that the property owners are now being shown as the poor Concerned.
The policy has been designed solutions to not meant the end of
would be Right to regulate the use of the risk: either by using the clear (not opaque) scheme, tenants can apply for the period of the validity of the General ruling in the state with a claim for compensation, or with the solution that the state is responsible for the Rent of the trader, or the tenants share the risk for the time being, or, or, or. The state of the legal adviser is pleased only.
The current Situation is so unclear how you blurred could not be. And contributes to further uncertainty in the already hard-pressed entrepreneurs. Only the state of the legal adviser is happy: In a few months the courts will be flooded with new Lawsuits: landlord against tenant for rent due.
The recently shown, the idea of an economic Kryostase (i.e., the Freezing of contractual obligations) on Rent and loan, a fast, unbureaucratic and above all a clear solution…
would be based here All the information about the Coronavirus please see the News Ticker: PUSH – Coronavirus outbreak in the News Ticker Almost 15,000 Corona-cases in Germany – Freiburg, is to adopt a limited curfew Where is Coronavirus? Real-time map showing the spread of the disease, FOCUS Online/Wochit lung disease Covid-19: Where is Coronavirus? Real-time map showing the spread of the disease, a Top Economist calculates, as the income of every German by the Corona-crisis FOCUS Online/Wochit drops In “Maischberger the week”: Top Economist calculates, as the income of every German by the Corona-crisis drops
