Commercial Space Leasing
Rescission of the lease due to fraudulent misrepresentation by the landlord in the commercial space leases by lawyer Alexander Bredereck, lawyer for rental and property law in Berlin for many years we are working especially in the emphasis on labour and tenancy law as lawyers. We deepen this experience through regular training and constant technical exchange. So we can already settle possible points of contention when designing your contracts and your terms and conditions in its favour. A landlord rents out an object to use as an Office and after hiring, turns out that he has no permit for such use, the tenant may challenge the lease due to fraudulent misrepresentation (BGH, judgment of the 6.8.2008, AZ.) XII ZR 67/06). For the first time, the Federal Court in this decision clarifies that the contestation is possible even after delivery of the leased property. Here, the tenant owes a compensation for the duration of the use. This is calculated according to the local rent for comparable Objects. Tenant Tip: after use of the leased property, determine that you were fraudulently misled with regard to individual properties of the rental object from the landlord, is to check whether the tenancy may be terminated not without notice.
After the judgment of the Federal Court of Justice, you should also check in any case, if not (if necessary in addition) a challenge due to fraudulent misrepresentation is explained. The advantage is that a radical challenge due up to the date of termination of the contract not the contractually agreed rent, but the circumstances substantially lower local comparison rent. A post by lawyer for rental and property law Alexander polymath and lawyer Dr. Attila Fodor Berlin-Mitte
Tags: law, law & taxes