If gas establishments have to close due to the Corona pandemic, the tenants or leaseholders cannot reduce the rent or lease without further ado. The Higher Regional Court of Frankfurt am Main (OLG) recently rejected two claims for reductions in rent in this regard. In the first case, a tenant of a pub sued because she was unable to operate it due to the official restrictions during the Corona pandemic and, in her view, was therefore not obliged to pay rent.
However, the Regional Court and the Higher Regional Court dismissed the claim. One of the reasons given for this was that the tenant herself bore the so-called risk of use. In addition, the landlord had left the premises to her in a condition suitable for use in accordance with the contract. In addition, the landlord could not reasonably be expected to reduce the rent, as he himself had high loan obligations.
In the second case, a tenant of a restaurant had extraordinarily terminated the lease on March 24, 2020. She vacated the restaurant and stopped all payments. The landlady then brought an action before the regional court, which dismissed the action for payment. However, the landlady's appeal to the Higher Regional Court was successful. Here, too, the reason given was that the lessee bears the risk of use. In addition, an adjustment of the rent had not been demanded at any time and the rent level had not become unreasonable for her. In both cases, the decisions are not yet final; the appeal has been admitted due to the fundamental importance.
Source: OLG Frankfurt am Main, judgments dated 17.9.2021, Ref. 2 U 147/20 and 18/21
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