Retailers who argue with their landlord about the rent in corona lockdown can probably not hope for a general half / half rule.
This became apparent on Wednesday in a hearing at the Federal Court of Justice (BGH) in Karlsruhe.
In the model case from Saxony, the Dresden Higher Regional Court had recently awarded the business the waiver of around half a month's rent because it had to close from March 19 to April 19, 2020.
This is too general for the BGH judges.
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 full 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. The verdict is due to be pronounced on January 12th.
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.