News & Analysis as of

Tenants European Union Germany

Herbert Smith Freehills Kramer

Crossing Jurisdictions - Dealing With Tenant Insolvency in the European and US Commercial Real Estate Markets

The global commercial real estate market paints a varied picture, with certain jurisdictions and sectors recovering quicker than others from the COVID-19 pandemic and continuing geopolitical uncertainty. Higher interest rates...more

McDermott Will & Schulte

Update on Tax, Investment Funds and Real Estate Law - The VAT Exemption for Alternative Investment Funds Is Coming Soon

McDermott Will & Schulte on

Management services for alternative investment funds (AIFs) will be free from value-added tax (VAT) starting in 2024. This is good news for Germany as a fund location because there will finally be alignment with the more...more

Hogan Lovells

The Federal Constitutional Court declares Berlin's rent cap unconstitutional

Hogan Lovells on

On March 25, 2021, the Second Senate of the Federal Constitutional Court declared the Law on Rent Restrictions in the Housing Sector in Berlin (MietenWoG Bln) to be incompatible with the German Constitution and therefore null...more

Hogan Lovells

COVID-19 – New Higher Regional Court rulings on the obligation to pay rent during the first lockdown

Hogan Lovells on

In February 2021, three Higher Regional Courts had to deal with the question of whether and on what legal basis the rents agreed in individual cases are to be temporarily reduced due to the official closure orders during the...more

Hogan Lovells

New judgement on § 313 of the German Civil Code (BGB) in connection with COVID-19

Hogan Lovells on

Consequences for the hotel industry - According to a recent judgement of the Regional Court of Munich, the circumstances of the specific individual case must still be taken into account when determining the amount of rent...more

Hogan Lovells

COVID-19: Crisis-related exclusion of termination right on landlords takes effect

Hogan Lovells on

On April 1, 2020, an exemption from the landlord's termination right comes into force, which protects tenants against the loss of their apartment or commercial space in the event of late payment of the rent. However, this...more

Hogan Lovells

Default of rent payment due to the COVID 19 pandemic – Tenant easement at risk?

Hogan Lovells on

Tenants who cannot longer pay their rent due to the effects of the COVID 19 pandemic do not have to fear a termination of the lease agreement by their landlord due to late payment as per § 543 (2) clause 1 No. 3 of the German...more

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