Both landlords and tenants are aware that dialogue is necessary to find a solution acceptable to both parties in a given situation. Indeed, it is difficult to find a one-of-a-one solution that applies to all leases and that ensures, at least in part, the interests of both parties. As a result, lawyers for the Professional Partnership of Advocates “Deloitte Legal” and the fact that companies engaged in such activities currently have no income, or not at all, answer the tenant`s most frequently asked questions regarding the performance of the lease and the payment of the lease. Some commercial tenants may want to abandon their business and terminate their commercial leases before the lease conditions are terminated due to the effects of the pandemic. However, no common statute or law gives the tenant an unspoken right to terminate a tenancy agreement prematurely because of a case of force majeure. Simply put, the tenant`s right to terminate an early tenancy agreement will not be supported by U.S. law and courts during the force majeure period or otherwise, unless there is a clause in the contract that gives the tenant an explicit right to break the lease because of the force majeure event or on a specific date. Some well-negotiated commercial leases may have an exit clause at the end of a certain period of time, so that. B the tenant of a ten-year lease has the right to terminate the lease after the end of the fifth year.
In this case, the tenant could ask for termination. Tenants who do not have breach rights under the tenancy agreement must bear in mind that a previous termination of the tenancy agreement constitutes a breach of the lease agreement and is liable for that breach to the landlord. Coronavirus will change contractual agreements – how can rights under trade agreements be limited? ☛ Check what you need to know As the current Law on Disease, the Omnibus-Gesetz Act also contains provisions on the current status of leases. In accordance with provisional section 2 of the omnibus act, the employment rents that were created from March 1, 2020 to June 30, 2020 are not grounds for terminating the lease or evicting the tenant. The scope of this exemption is limited to workplace leases. As a result, the omnibus law limited the legal possibilities that the lessor could use between March 1, 2020 and June 30, 2020 if the rental debt was not affordable and, since tenants would not be paid during the four-month period, the lessor could not apply for the enforcement procedure with an eviction application or open two eviction proceedings. They can`t ask for the pese to be evacuated. (1) the tenant violates the lease agreement or the rules of use of the premises, where many commercial leases are now directly or indirectly affected by the negative consequences of the COVID 19 pandemic. When assessing the compliance of quarantine COVID-19 with these conditions of force majeure mentioned above, it is clear that quarantine does not meet at least one of the necessary conditions – quarantine does not objectively deprive the ability to execute the agreement, i.e.
the ability to pay the rent. Moreover, the first part of Article 6.212 expressly provides that if the other party does not have the financial means to discharge the obligation, it will not be considered a circumstance of force majeure.