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Stable cash flow in lockdown

While in recent months the regional courts have almost uniformly ruled that the obligation to pay rent does not cease even during a lockdown, the Higher Regional Court (OLG) of Dresden has now considered it necessary to reduce the basic rent to half for that period by adjusting the tenancy agreement pursuant to Section 313 (1) of the German Civil Code (BGB).

However, the Higher Regional Court (OLG) Karlsruhe followed the previous case law of the regional courts and also denied a quality defect. However, it left open whether it would affirm a lapse of the basis of the contract, since the appellant retail chain had not sufficiently asserted special circumstances that could lead to rent payment being deemed unreasinable.

In both cases, an appeal has been announced. It now remains to be seen how the BGH will decide. Especially since the introduction of Art. 240 § 7 (1) EGBGB by the legislator also speaks in favour of an adjustment of the respective tenancy agreement according to § 313 (1) BGB.

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If you have any questions on this topic, please contact Dr. Andreas Seegers:
@: andreas.seegers@ksp.de
T: +49 40 450 65 0

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