The verdict has now been reached in a prominent case. It doesn’t bode well.
The fashion department store C&A had also withheld the rent.
The regional court Munich I gave the complaining landlord of a branch in Munich city center right on Friday. C&A should now pay the rent for April plus interest.
C&A: No rent due to Corona
C&A had cited the corona-related closings in order to refuse the rent. During this time, the rooms were not suitable for running a textile department store, which represented a defect in the rental property, the company now argued in court.
The fact that a shop is accessible to the public is a basic condition for leasing to retailers. This usability risk affects the landlord.
The use risk cannot be passed on to the landlord, according to his decision.
C&A: Munich Regional Court contradicts fashion chain
The judge also did not see an adjustment of the lease as mandatory. For this, the rent payment for C&A should have been unreasonable, which he denied, however. It is reasonable for the company to build up a reserve of one month’s rent “in general and also based on the results from the previous three financial years”.
The verdict is not yet legally binding. In addition, the court emphasized that it was an individual decision.
C&A is not an isolated case
In addition to C&A, several other retail chains stopped or cut rental payments during the first Corona wave, including Adidas. However, the move had brought the sporting goods manufacturer strong criticism nationwide. A few days later, the company rowed back and publicly apologized.
The federal government gave the impetus to stop rents with its first rescue package. Among other things, it stated that pandemic-related rental suspensions in the period from April to June did not constitute grounds for termination. (dpa / utz) * Merkur.de is part of the Ippen-Digital network.