Commercial Lease Law in Hannover. Lease, portfolio, dispute.

On new builds and larger refits the success of the lease depends on fit-out, handover and commencement fitting together. We allocate those three points expressly.

• Landlord and tenant fit-out and the specification of works
• Condition on handover and the technical requirements for the premises
• Fit-out contributions and rent-free periods
• Conditions for commencement and handover, and the consequences of construction delay
• On construction questions we work with our practice area Construction Law, on permits with Administrative Law

The formal requirements have changed fundamentally. For commercial leases the former written form requirement of section 550 of the Civil Code was replaced by text form with effect from 1 January 2025. A party that misses the form has a lease terminable at any time on ordinary notice.

• Review of existing leases and all amendments for defects of form and documentation
• Drafting and review of amendment agreements
• Recording the exercise of options, rent adjustments and changes in area
• Advice on the text form requirements applicable since 2025 and the transitional rules for older leases
• Review of termination rights arising from defects of form in older leases

Active asset management means managing the existing leases. Renewals, indexation and changes in area act directly on income and on the value of the property.

• Lease renewals and the exercise of options
• Enforcement of indexation and other rent adjustments
• New and follow-on lettings and amendment agreements
• Modernisation, conversion and refurbishment during the lease
• Standardisation of lease templates for larger portfolios

Defects in commercial premises hit the business directly, whether through damp, noise, temperature or a restriction of the agreed use. The reduction takes effect by operation of law but is frequently restricted in commercial leases.

• Claims for the remedy of defects and the notification of the defect
• Rent reduction for commercial premises and the effectiveness of contractual restrictions
• Rights to withhold performance and claims for damages and expenses
• Disputes over repair and maintenance obligations
• Securing evidence and independent evidence proceedings

The ending of a lease should be prepared early. Errors in termination or in the wind-down lead to lost rent, delay in re-letting and claims for damages.

• Ordinary termination and the review of termination rights and periods
• Termination without notice for arrears of rent or other serious breach
• Surrender agreements and wind-down arrangements
• Early ending of long leases and the valuation of the settlement payment
• Damages for damage to the premises or for late return

Where a conflict cannot be resolved out of court we act for landlords and tenants across Germany. The strategy follows the commercial objective, that is a swift return of the property, securing the payments or preserving the lease.

• Eviction proceedings and enforcement of the eviction order
• Claims for rent, service charges and additional payments
• Interim relief, for example on interference with possession or breach of an operating obligation
• Defence against eviction and payment claims, including protection against enforcement
• Working with experts on technical questions in dispute

On the purchase and sale of commercial property the leases determine price, finance and income value. We review them and summarise the risks so that they can be taken into the negotiation.

• Terms, renewal options and special termination rights
• Rent levels, value protection and service charge provisions
• Repair obligations, rent security and protection against competing uses
• Amendments and defects of form that may open up a right of termination
• Existing disputes and their commercial assessment, coordinated with our practice area Corporate Law where the property transfers through a company