Die Verhandlung von Geschäftsmietverträgen

Renting commercial premises is often a strategically important matter for companies. Contract negotiations require legal expertise that is not always a given, even for experienced entrepreneurs or professional property managers. Skillfully exploiting the available negotiating leverage necessitates knowledge of the regulatory framework and an understanding of which legal provisions cannot be modified by agreement between the parties. This publication provides an overview of the most important points that every practitioner—whether landlord or tenant—should consider when negotiating commercial leases to minimize the risks arising from the contract. Legal theory and practice are taken into account insofar as they have practical implications for the contractual design. The findings are summarized in a contract template. The basic template for drafting a standard commercial lease is supplemented by several variations for addressing specific aspects. References in the margin to the contract template guide the reader through the explanations of the individual contract clauses.