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horak.
Lawyers Hannover
Attorneys at law
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Georgstr. 48
30159 Hannover
Germany

Tel +49.511/357356-0
Fax +49.511/357356-29
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horak.
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Landshuter Allee 8-10
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Tenancy Law

Commercial Tenancy Law, Residential Tenancy Law & Lease Rights

The jurisprudence of commercial tenancy and leasing follows important legal cases regarding tenancy jurisprudence on residential lease contracts. The contracting parties are generally considered at the same level, in a commercial leasing.  In this way, a significant margin that must be considered by the drafting of the contract, stays in the commercial leasing. We design tailor-made and future-proof leasing contracts, and carry out target-optimized contractual negotiations. In order to protect your interests, we can look after all the contractual solutions regarding the use of rented properties, or the development of the rental rate and the clarification of rights and obligation. This is applied with regard to all parties of a contract (landlord etc.). In the area of commercial tenancy law, we represent landlords as well as tenants and sub-tenants of all sectors. We are a central law firm in Hanover and we provide our clients, a wide range of versatile services relating to tenancy law.

The following topics can be helpful if you have interests in residential or commercial tenancy/leasing law.

  • Consulting and representation in commercial law;
  • Examination and implementation of rental increases, rent reduction, deposit, termination and action for possession;
  • Consultancy on operating obligations, competition protection and external advertising;
  • Assertion or defense against compensation claims;
  • Claiming and forfeiture of rent´s arrears;
  • Examination of utility bills;
  • Transparent regulation of duration, possible options and rental price enhancement;
  • Rights and obligation regarding maintenance and reparations, decorative or minor repairs etc.;
  • Possibilities of terminating the rental agreement, including special grounds for dismissal and handling procedures;
  • Agreement of rental security;
  • Landlord's right;
  • Eventual construction measures by landlords and tenants as well as possible demolition obligations;
  • Arrangement of supplements to existing leases and additional agreements;
  • Regulation on rental costs or operating costs;
  • Contract examination and enforcement;
  • Leasing contracts management.

Our team of experts embrace both issues related to residential leases and to commercial tenancies.

As far as concerned the residential properties rental aspects, we collaborate with landlords or their management companies. Of course, as a business law firm, we are glad to collaborate with you and assist you, in case of contentions between the parties.

Commercial Rental Agreement

We are here to represent you and advise you step by step, during the preparation and realization of a rental contract/lease agreement. A commercial rental agreement involves particular commercial premises. In residential rental contracts, detailed regulations need to be considered. The statutory protection provisions for residential tenancy agreements are not applicable in the commercial tenancy. If you wish to have more information regarding this topic, please do not hesitate to contact our office at any time.

Protection and Competition

In commercial law, a tenant may be interested in knowing that no competing company is settled on the same building. Accordingly, there are some clauses frequently used to protect competition. This can generally concern any kind of competitor.

The contractual relationships are generally really clear: the landlord has to keep away from competitors, in order to enable the use of the promises of the contract. If no agreement regarding the protection from competition has been made, we suggest to contact one of our lawyers and discuss your situation with us.  Our offices in Hanover, Munich and Vienna are at your disposal, do not hesitate to contact us!

External Advertising

Every company has a certain amount of external advertising. However, if the leasing contract does not contain a regulation, the scope and content of the external advertising necessary for the execution of the contract must be interpreted. This interpretation is to be avoided, since it offers a high level of uncertainty.

Operating Obligations

In commercial tenancy law, an operating obligation is often agreed taking into consideration all the particular premises in the purchase´s center or in the service facilities centers. After this, the tenant of a shop has to ensure that the shop follows the regulations regarding opening and closing hours of the shop, and that the business runs properly. For further specifications, please make sure to contact us; our head-office is in Hanover and we are familiar with all those legal peculiarities that regards our city and some surrounding towns, such as Hameln or Celle.

Rent Increase

In case of a rental increase, it is really common to end up in a legal dispute, especially if the rent´s increase has not been agreed at the beginning of the rental contract.  In tenancy´s rental cases, the tenant can rely on some provisions issued for the particular legal protection from rental increases and similar. These protective regulations are not applicable to commercial rents.

Rent reduction

The reduction of the rent take place if important defects have been identified in the rented property. The tenancy law stipulates that the landlord has to leave the rented property in suitable conditions, according to the contract, and has to keep it in a good state during the rental period. If a defect or a deficiency come up, the tenant shall reduce the rental costs; the reduction can be significantly restrictive by the contract.

Indexation Clause/Index rent

In commercial tenancy law, it is possible to interlink the rent to the price development. If the reference value (for example, the consumer price index for Germany) changes, this can lead to a renegotiation of the rental or rent interest.

For further information, please make sure to contact us and discuss your situation with one of our experts!

Scale rent

Both in private and commercial tenancy law, it is possible to arrange the rent in written form, for different periods of time and in different amounts. The agreement of the scale renting take place from the beginning of the contract.

Restructuring and Modernizations

The German tenancy law expressly permits a modernization allocation. Depending on the extent of the modernization, a rent´s increase is considerable. In commercial tenancy law, a similar agreement may be recommended.

Ending the Agreement

The termination of a commercial rental contract, generally depends on the terms of the contract and the agreed period of notice; in residential rent contracts, no strict rent control regulation is applied.

Action for eviction

If a lease has been effectively terminated, but the tenant does not want to leave the property, an action for eviction is necessary. This is a frequent case of a rental contract, which is usually accompanied by further claims.

Security Deposit / Bond

The rental deposit is often a point of contention in case of non-payment of the rent and, in particular, at the end of the rental contract. In the case of residential tenancy, the amount of rent deposit is regulated by law. In commercial law, the security bond is not regulated, so deposits of 6 or more monthly rent are quite common. As Attorneys experts in tenancy law in Hanover, we will be pleased to help you with the enforcement of your rental claims.

 

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© German lawyer Michael Horak 2002-2017

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