Corona: Large fashion chain did not want to pay rent – court ruled clear

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Because of the first lockdown last year, many stores stopped paying rent. © www.de24.news

 The  verdict has now been reached in a prominent case. It doesn’t bode well.

Munich – In the first wave of the Corona * pandemic last spring, numerous companies stopped their rental payments due to the lockdown. © www.de24.news

 The  fashion department store C&A had also withheld the rent.

Now the chain has suffered a major legal defeat. © www.de24.news

 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. © www.de24.news

 The  fact that a shop is accessible to the public is a basic condition for leasing to retailers. This usability risk affects the landlord.

© www.de24.news

 The  landlord had argued against it that there was no material defect. © www.de24.news

 The  judge came to the same conclusion. © www.de24.news

 The  use risk cannot be passed on to the landlord, according to his decision.

C&A: Munich Regional Court contradicts fashion chain

© www.de24.news

 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”.

© www.de24.news

 The  court did not say how much the retained monthly rent was. However, the amount in dispute, which was a good one million euros, provides a clue. © www.de24.news

 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.

Other retail chains such as Deichmann or H&M had also stopped their rent payments at that time. Landlords had protested sharply against it. Leading politicians were also appalled. © www.de24.news

 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.





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Corona Large fashion chain pay rent court ruled clear

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