Commercial Tenancy Lawyer in Germany

Comprehensive support from a full-service law firm

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Commercial Tenancy
Lawyer
in Germany

Comprehensive support from a full-service law firm

Commercial Tenancy Lawyer in Germany

At Schlun & Elseven Rechtsanwälte, our German commercial tenancy lawyers are available to support our clients concerning issues of commercial tenancy in Germany. Should you wish to safeguard your rights as either a commercial landlord or tenant, obtaining legal assistance will place you in a strong position. Our German commercial tenancy lawyers are here to support you. Our specialised lawyers for commercial tenancy law, work on issues concerning commercial leases, commercial rental contracts, terminations, eviction proceedings and allegations of contractual breaches daily.

Our Commercial Tenancy Law Services

Full-Service Legal Support throughout Germany

At Schlun & Elseven Rechtsanwälte, we provide full-service legal support across legal fields for our corporate clients. By engaging with our firm, we can be your location for consolidating your legal services under one roof. With certified experts and dedicated legal teams, our lawyers can collaborate to find legal solutions tailored to your needs. With offices and conference rooms in Berlin, Munich, Cologne, Düsseldorf, Stuttgart, Aachen, Hamburg and Frankfurt, the lawyers at Schlun & Elseven are available nationwide. Contact us now using our details provided below for specialised legal counsel.

Commercial Rental Contract

Compared to residential leases, commercial leases do not have the same levels of protection under German law. The imbalance in power that often exists between landlords and tenants is not as prevalent when the matter concerns commercial tenancies. In such relationships, the parties are more often seen as more equal in terms of standing. This means that the commercial rental contract is of the utmost importance for both sides of the agreement and needs to be overseen by an expert.

Terms that need to be considered when negotiating commercial rental contracts include the price of rent and how it will change over time, the duration of the lease and the commercial purpose of the rent. It is essential to have clear steps regarding changes in the rent price, whether the lease will be automatically increased over time and how breaches in the contract will be resolved.

Other vital elements of the commercial rent contract include:

  • Contractually agreed and permissible purpose of use,
  • Deposits and other rental securities,
  • Clauses concerning competition,
  • Scope of the leased property,
  • Start of the contract and options of renewal,
  • Warranty and disclaimer of warranty,
  • Limitation of liability.

At Schlun & Elseven Rechtsanwälte, our lawyers advise both commercial tenants and landlords regarding the commercial rental contract. Our legal team consists of experts in German contract law and will ensure that your interests are central to the agreed contract. Experienced lawyers can highlight often overlooked areas and those where ambiguity can potentially be very costly. Our tailored contracts are suited to your needs and future-proofed.

Eviction Proceedings

Legal disputes over eviction can be the most worrying and contentious. If, as a commercial tenant, you have received a notice of termination, it is vital to respond correctly. The first step is remaining calm and locating copies of the contract and other agreements. It is essential to contact a commercial tenancy lawyer to allow them to examine the documents. Continue to pay rent and fulfil your contractual obligations until advised otherwise by a legal professional. Breaching the contract at this point may limit your options as we advance. Our lawyers will assess whether you have a claim to be made and whether the action was a breach of contract or was legally justified.

Similarly, professional legal advice is crucial if you are a commercial landlord. Breaches of contract by a commercial tenant can provide grounds to extraordinarily terminate the lease; however, it is advisable to consult with a legal professional before finalising such a move. Our team will analyse all contracts and agreements and provide professional guidance on whether eviction is the right step or if you can also pursue other measures.

At Schlun & Elseven Rechtsanwälte, we advise on ordinary terminations, extraordinary terminations, terminations for the landlord’s own use and many more issues.

    Litigation in German Commercial Tenancy Law

    Even with the most secure commercial leases, legal disputes can still happen. Consulting with expert legal assistance from the beginning will ensure that you will not make missteps. If your company is a commercial tenant, decisions made by landlords can have a significant impact on how you run your business and your profits. Should your company suspect that the landlord is not fulfilling their contractual obligations, consult with our team before taking any actions. Our lawyers will advise you in cases regarding the potential of premature lease termination, unilateral changes of lease terms, attempts to limit access to the leased areas, disputes over repairs responsibility and failure to provide services specified in the lease.

    Similarly, professional legal advice is crucial if you are a commercial landlord. Breaches of contract by a commercial tenant can provide grounds to extraordinarily terminate the lease; however, it is advisable to consult with a legal professional before finalising such a move. Our lawyers will advise you in cases relating to

    • the failure to make rental payments,
    • the tenant has damaged the property,
    • misuse of the property,
    • modifications to the property not provided for under the commercial lease.

    Our legal team will advise you as to how to pursue the matter. If negotiations can resolve the case, our team will lead the discussion, but we are also ready to represent you in court should it be the preferred solution.

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    Practice Group: German Commercial Tenancy Law

    Practice Group:
    Commercial Tenancy Law

    Contact
    Tobias Pluntke

    Lawyer

    Dr. Matthias Wurm, LL.M.

    Lawyer

    Verena Ziemes

    Lawyer | Freelance

    Contact

    Contact our German Commercial Tenancy Lawyers

    Please use the form to tell our team of German commercial tenancy lawyers about your legal matters. After receiving your request, we will make a short preliminary assessment based on the information provided and give you a cost estimation. You are then free to decide whether you want to instruct us.