Full transparency about costs of a further consultation \/ representation<\/li>\n<\/ul>\nThis is how easy it is<\/h2>\nAsk a legal question – quick and easy<\/h3>\n
Fill out our inquiry form with your specific commercial lease legal problem and provide your contact information so that one of our partner attorneys can call you promptly. Please indicate your preferred date.<\/p>\n
Get advice by phone – free of charge and competent<\/h3>\n
One of our lawyers \/ partner lawyers will contact you and discuss your legal question with you. You will receive an assessment of your chances and your options. If you feel you have received good advice, you can ask for a quote for further advice \/ representation.<\/p>\n
Check offer and decide<\/h3>\n
If you have expressed the desire, you will promptly receive an offer from us. They receive full cost transparency and can decide on the further course of action. We are happy if we can help you to get your right.<\/p>\n
Philipp Caba, attorney and Head of Legal Operations at our cooperation partner Gansel Rechtsanwalte<\/p>\n
Interview with attorney Philipp Caba<\/h2>\n
In cooperation with our partner lawyers at Gansel Rechtsanwalte, we support and advise small and medium-sized enterprises (SMEs) regarding the (subsequent) reduction of their commercial rent as a result of Corona-related business closures. Philipp Caba, lawyer and Head of Legal Operations at Gansel Rechtsanwalte explains in an interview what options commercial tenants have and why they should take action now.<\/p>\n
Mr. Caba, in recent months there has been a state of emergency because of Corona. At the moment, however, we are seeing more openings and relaxations, the mood is brightening again. At the same time, some virologists are already warning of a new wave in autumn \/ winter. What is your advice to commercial tenants in the current situation?? What should a micro or medium-sized enterprise (SME) do now??<\/p>\n
A look into the future is always difficult, in Corona times probably even more difficult. Therefore, I can only recommend to take care of what has already happened.For companies, this is especially true of the numerous requirements that have made business operations more difficult, if not impossible, since March 2020.<\/p>\n
After all, the legislator has recognized the dramatic situation of businesses and, in addition to the state Corona aid, has finally created the possibility for financial relief via rent adjustment. This even applies retroactively for the year 2020.<\/p>\n
In addition, there is still the option of applying for bridging assistance 3 or claiming an existing business closure insurance policy.<\/p>\n
With regard to the above-mentioned amendment to the law on the reduction of commercial rent or lease, many SME entrepreneurs are wondering whether to approach their landlord actively. They have respect for jeopardizing the relationship with the landlord or do not expect any concession anyway. What is your advice in this new situation for everyone??<\/p>\n
The amendment of Article 240 \u00a7 7 in the EGBGB has been a necessary step to relieve companies in the crisis. However, it is not a blank check to any rent reduction.<\/p>\n
Before contacting the landlord, it should be ensured that the business concerned is also entitled to the application of the new regulation. Clarity is provided by an expert examination of the individual case, which is offered free of charge by Recht im Mittelstand in cooperation with Gansel Rechtsanwalte.<\/p>\n
Based on the results of the initial assessment, it is then important to define a strategy for further action. There are different levels of escalation, whereby we work in a consensus-oriented manner for as long as possible – always in consultation with the client. No one has to fear a clumsy lawsuit offensive that leaves scorched earth in its wake.<\/p>\n
But too much restraint is not good either, if it leads to commercial tenants not claiming their rights. Because this is precisely why the German government passed the amendment to the law. In order for this to succeed as smoothly and swiftly as possible, it is therefore all the more important that entrepreneurs do not rush ahead here without professional support.<\/p>\n
There have been several recent rulings regarding the legal situation in Corona. the reduction of commercial rent, partly positive for the tenant, partly negative. What is your legal assessment here? How good are the chances of success for commercial tenants based on your experience?<\/p>\n
In our opinion, the chances of success for commercial tenants and leaseholders are very good. The tenor of many court rulings is basically positive, most recently, for example, in a recent ruling by the Dortmund District Court of 27.04.2021.<\/p>\n
The negative judgements given so far failed because of causes, which lay in the plaintiff enterprises. However, we make sure that the prerequisites for successful action are met during the initial assessment.<\/p>\n
In addition, going to court is the last escalation stage, which we try to avoid due to the special relationship between landlord and tenant. I estimate that in most cases we will find a fair solution with the landlord beforehand.<\/p>\n
What advice would you like to give to entrepreneurs and commercial tenants in these difficult times??<\/p>\n
I would like to appeal to all entrepreneurs, especially in small businesses, to be aware of their own rights. Inform yourself and don’t be afraid to claim your entitlements, even in view of the major burdens caused by the pandemic. Whether it’s a negotiation with the landlord or a dispute with the insurance company – if you know your rights and claim them, you also have a chance of success.<\/p>\n
Seek competent support for these concerns. This increases your chances of success and above all minimizes financial risks. Together with our partner Recht im Mittelstand we will find the right way to your rights. You have no cost risk in advance and can find out with us which procedure suits your business.<\/p>\n
You also intend to contact your landlord and do not yet know how to proceed? No problem, in a free initial consultation we will discuss your situation and give you recommendations for further action.<\/p>\n","protected":false},"excerpt":{"rendered":"
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