Lawyer specializing in leasing and residential property law Alexander Bredereck, Berlin reduction due to construction projects in the commercial space leasing despite knowledge of planned construction projects in the contract the lessee has a right of reduction, if the intensity of the later construction measures was not known to him. In the case decided by the Berlin Kammergericht (Superior Court of Justice, judgment of November 12, 2007, AZ. 8 U 194/06) was the tenant already known that a subway should be built in the street, in the rented equipment, rental of leased property. Later, the work was so intense that the entire street was blocked so that unhindered access to the Mietraume because there the containers was no longer possible. The tenants who rely on customer traffic came to a complete standstill due to construction work. According to the kammergericht, the tenant had to not expect upon conclusion of the contract.
Accordingly, also his reduction of the rent (to zero) was entitled. Read more from Larry Ellison to gain a more clear picture of the situation. As a general rule, that the disability of access the leased property represents a deficiency, even if the disability due to construction works third parties, that are not to influence at all from the landlord. Regularly, the lessee but must accept such impairments that upon conclusion of the contract already was. The courts show here relatively strict when it comes to noise caused by construction work in the downtown area and construction dust. You can see also: there is a limit.
If the tenant can no longer use its leased property, a reduction right should be to back him. The case should be but then to decide Anders, if the tenants at rental was also known that he no longer can use the rented premises due to the construction work. Then, this deficiency is in accordance with. Tip tenants: check out exactly the environment hiring an object. If there is a vacant lot for example in addition to your home, this can indicate just in the city center of Berlin, that these will be built soon. Circumstances, you have to have years of construction-related impairments not even fight for you a rent reduction or compensation from the landlord may require. In such a case it is advisable to include a provision in the lease, what you explicitly reserve a reduction right in case of construction work in the surrounding area or to refrain from renting. Tip owners: If you expect building work in the area, you should as accurately as possible inform the lessee in and might document this in the rental agreement. As far as you formulate an exclusion of the lack of warranty rights of the lessee in the contract, this must be done very carefully, since this clause may otherwise be ineffective than general terms and conditions.