4/2/2023 0 Comments Bgb and kigbThe Munich Regional Court essentially awarded the landlord’s payment claim in its entirety with regard to the outstanding monthly rents for the months of April up to and including June 2020. In our blog posts dated 30th of October 2020 and 14th of December 2020, we already reported on the relevant developments in jurisdiction. Munich Regional Court, judgement of 5th October 2020 - 34 O 6013/20). However, even before the legal clarification in Section 7 of Article 240 EGBGB, some courts already assumed a case of severe change in the implicit basis of contract, which led to a reduction of the rent owed by 50% in some cases (e.g. In general, a case of impossibility shall not be applicable either. In the process, it has predominantly emerged that government-ordered closures and other restrictive measures in connection with COVID-19 do not constitute a defectiveness of the leased object that would entitle tenants to a rent reduction. 1 BGB has fundamentally changed after the conclusion of the contract.Ĭourts have already had to deal with the question of how the pandemic and any government measures in this respect are to be assessed in legal terms with regard to possible rent reductions. 240 of the German Introductory Act to the Civil Code (EGBGB), thus clarifying that in the event of restrictions of commercial tenants’ businesses as a result of government measures to combat the COVID-19 pandemic, it is presumed that a circumstance which has become the basis of the lease within the meaning of § 313 para. 3332), the German legislator added Section 7 to Art.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |