A commercial lease often regulates the legal relationship between landlords and tenants in the long term. The quality of a commercial lease agreement often only becomes apparent when disputes arise between the parties to the lease. We assist our clients from the initiation of the contract (letter of intent, preliminary lease agreement, etc.) through concrete contract negotiations to the conclusion of their commercial lease agreement, lease agreement and the conclusion of addenda thereto. We draft property-specific commercial leases for office space, retail, medical practices, logistics, industrial and other commercial space or adapt commercial leases to the needs of our clients. Our aim is to optimally reflect the economic interests of our clients in the commercial lease agreement to be concluded; it is not uncommon for us to succeed in improving the income value of the property for landlords or in saving costs for tenants or making them more calculable by making small changes to the sample agreement or to the existing commercial lease agreement. Regardless of whether we advise landlords or tenants on the conclusion of a commercial lease, we ensure that, in addition to the agreements on ancillary costs, maintenance and repair, above all the respective value retention clause does justice to the economic interests of the client.
Commercial tenancy law
- Distinction from residential leases
- Mixed tenancies
- Subletting and special right of termination
- Delimitation to storage contracts
Drafting of contracts and contract clauses
- Conclusion of contract
- Term of contract and options
- Rent increase (graduated rent, indexation clauses, turnover-dependent rent, supplementary problems)
- Security for rent (surety and deposit)
- Apportionment of operating costs
- Modernisation measures and installations and alterations
- Limitation of warranty for material defects and defects of title
- Protection against competition and duty to operate
- VAT issues and invoicing
Claims during the tenancy
- Secure enforcement of warranty claims (rent reduction, reimbursement of expenses)
- Liability claims
- Dealing with rent increases
- Control of operating costs
Termination of contract
- Change of contractual partners
- Termination and cancellation agreement
- Insolvency of the landlord or tenant
Settlement of contract
- Action for eviction and enforcement of further claims
- Limitation of claims
- Repayment of the security deposit
Current case law
- Among other things, agreement on operating obligations during statutory opening hours
- Extension options
- Liability for repayment of a cash deposit
- Forfeited warranty claims
- Termination without notice for non-payment of deposit
- Passing on of administrative costs
- Capping of maintenance and repair costs