Landlord of the commercial property must carry technical repairs themselves

Business people who rent a commercial property with others - for example a shopping center - do not have to accept the estimated additional costs for common areas if the transfer of the costs is not listed transparently.The Higher Regional Court (OLG) Brandenburg has now granted the tenant of a business area a large part of the reclaimed costs and thus confirms a fundamental decision by the Federal Court of Justice (BGH).

The BGH had previously declared ineffective contribution agreements on maintenance and maintenance costs for community areas without a cap limit.In addition to the repair, the maintenance and operation of the community facilities also include the maintenance burden in this sense.A clause in the rental agreement that describes that the tenant must bear the costs of "maintenance and maintenance of all technical institutions including the costs of the company" is therefore invalid overall.

In the case described above, the allocation of the following costs was therefore ineffective: maintenance for lightning protection, smoke extraction, brand gate, climate systems, the maintenance of an automatic door, the maintenance of smoke and heat extraction, safety, fire extinguishers, cold systems, sprinklers, ventilation systems and general maintenance.In addition, general costs were estimated for: fire detectors, sprinklers, electricity, electricity monitoring, ventilation, electricity ventilation, Tel.Fire alignment system and rent fire alarm system.

With the decision, the maintenance was classified as part of the landlord's conservation burden.It depends on how far a clause in the general terms and conditions (AGB) is removed from the legal model.When it comes to costs for common areas without an upper limit, this mission statement is a further distance.Because not only the tenant and his customers use such areas (from).All general terms and conditions clauses that impose the costs of damage or wear caused by third parties without a cap limit can be seen critically according to the new case law of the BGH.The background to this idea is that the costs for the tenant must be calculable.

Opinion of the lawyer

The decision has enormous economic scope.In many commercial rental contracts, the entire repair and maintenance burden has been buried to the tenant.As a result, the decision leads to the fact that the landlord has to bear all costs of maintenance and repair if the scope of the costs is not provided with a capping limit.When concluding the rental agreement, the tenant must be able to estimate which costs are available.Otherwise, the cost burden is non -transparent and the corresponding regulations are ineffective.You can have maintenance and maintenance clauses in commercial space rental contracts checked by your specialist lawyer for rental and housing ownership law.

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AJT Jansen Treppner Schwarz & Schulte-Bromby

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