The Federal Court of Justice considers it possible that business people will have to pay less rent if the closure is ordered by the state.
The state-ordered shop closings in the corona pandemic can presumably mean that the operators of retail stores do not have to pay the full rent. This judgment emerged on Wednesday in a hearing before the Federal Court of Justice (BGH). The Senate responsible for commercial leases plans to announce its final verdict on January 12, 2022.
In the specific case, it was about a branch of the KIK fashion chain in the Chemnitz area. After the Saxon state government ordered business closings due to high corona infections, the company did not pay the monthly rent of 7854 euros for April 2020. The landlord sued, but received only partial rights before the Dresden Higher Regional Court. The OLG divided the risk in half and awarded the landlord only half of the rent.
On the other hand, he appealed to the BGH, which negotiated the pilot procedure on Wednesday. But KIK also appealed and wants to obtain complete exemption from monthly rent before the BGH. In his introduction to the negotiation on Wednesday, chairman Hans-Joachim Dose said that an adjustment of the lease agreement was probably possible in view of state-ordered business closings. However, there could not be a general, half-way solution. Rather, the reasonableness of the rental payment must be checked in each individual case. State aid must also be taken into account and what the company has done itself to compensate for losses. (AZ: XII ZR 8/21)
Since the turn of the year 2020/21 it has been made clear by law 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. But there is no regulation that says that they have to be waived part of the rent. In the case, it is about a branch of the textile discounter Kik in the Chemnitz area.